(2) ALLOCATION.—The Federal agency that re-
ceives State land in a conveyance under this Act 
shall assume the Federal share of administrative 
costs, including appraisals, surveys, and related 
costs, unless otherwise agreed to by the heads of the 
respective agencies. 
(g) CONVEYANCE BY WESTERN STATE.— 
(1) IN GENERAL.—The conveyance of any State 
land grant parcel under this Act shall— 
(A) be by patent or deed acceptable to the 
Secretary; and 
(B) not be considered an exchange or ac-
quisition for purposes of sections 205 and 206 
of FLPMA (43 U.S.C. 1715, 1716). 
(2) CONCURRENCE.—The Secretary of Agri-
culture 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. 
(h) CONVEYANCE BY UNITED STATES.—The convey-
ance of public land by the United States shall— 
(1) not be considered a sale, exchange, or con-
veyance under section 203, 206, or 209 of FLPMA 
(43 U.S.C. 1713, 1716, and 1719); and 
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(2) include such terms or conditions as the Sec-
retary may require. 
SEC. 6. MINERAL LAND. 
(a) SELECTION AND CONVEYANCE.— 
(1) IN GENERAL.—Subject to this Act, a west-
ern State may select, and the Secretary may convey, 
land that is mineral in character under this Act. 
(2) EXCLUSION.—A western State may not se-
lect, and the Secretary may not convey land that in-
cludes only— 
(A) a portion of a mineral lease or permit; 
(B) the Federal mineral estate, unless the 
United States does not own the associated sur-
face estate; or 
(C) the Federal surface estate, unless the 
United States does not own the associated min-
eral estate. 
(b) MINING CLAIMS.— 
(1) MINING CLAIMS UNAFFECTED.—Nothing in 
this Act shall alter, diminish or expand the existing 
rights of a mining claimant under applicable law. 
(2) VALIDITY EXAMS.—Nothing in this Act re-
quires the United States to carry out a mineral ex-
amination for any mining claim located on public 
land to be conveyed under this Act. 
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(3) WITHDRAWAL.—Public land selected by a 
western State for acquisition under this Act is with-
drawn, subject to valid existing rights, from location, 
entry, and patent under the mining laws until that 
date on which— 
(A) the land is conveyed by the Federal 
Government to the western State; 
(B) the Secretary makes a final determina-
tion not accepting the selection of the land; or 
(C) the western State withdraws the selec-
tion of the land. 
SEC. 7. CONSTRUCTION WITH OTHER LAWS. 
(a) CONSIDERATION.—In the application of laws, reg-
ulations, 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) LAND USE PLAN.—The Secretary may approve 
an application submitted in accordance with this Act even 
if— 
(1) the selected public land is not otherwise 
identified for disposal; or 
(2) the land to be acquired is not identified to 
be acquired in the applicable land use plan. 
SEC. 8. VALUATION. 
(a) EQUAL VALUE.— 
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(1) IN
GENERAL.—The overall value of the 
State land grant parcels and the public land to be 
conveyed shall be— 
(A) equal; or 
(B) if the value is not equal— 
(i) equalized by the payment of funds 
to the western State or to the Secretary as 
the circumstances require; or 
(ii) reflected on the balance of a ledg-
er account established under subsection 
(c). 
(2) APPRAISAL REQUIRED.—Except as provided 
in subsection (b), the Secretary shall determine the 
value of a State land grant parcel and public land 
through an appraisal completed in accordance 
with— 
(A) the Uniform Appraisal Standards for 
Federal Land Acquisitions; and 
(B) the Uniform Standards for Profes-
sional Appraisal Practice. 
(3) EQUALIZATION.—For each transaction, an 
equalization 
payment 
described 
in 
paragraph 
(1)(B)(i) or a ledger entry described in paragraph 
(1)(B)(ii) may not exceed 25 percent of the total 
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value of the land or interest transferred out of Fed-
eral ownership. 
(b) LOW VALUE PARCELS.— 
(1) VALUATION.—The Secretary may, with the 
consent of a western State, use a summary appraisal 
or statement of value made by a qualified appraiser 
carried out in accordance with the Uniform Stand-
ards for Professional Appraisal Practice instead of 
an appraisal that complies with the Uniform Ap-
praisal Standards for Federal Land Acquisitions if 
the western State and the Secretary agree that the 
market value of a State land grant parcel or a parcel 
of public land is— 
(A) less than $500,000; and 
(B) less than $500 per acre. 
(2) DIVISION.—A State land grant parcel or a 
parcel of public land may not be artificially divided 
in order to qualify for a summary appraisal or state-
ment of value under paragraph (1). 
(c) LEDGER ACCOUNTS.— 
(1) IN GENERAL.—The Secretary and any west-
ern State may agree to use a ledger account to make 
equal the value of land relinquished by the western 
State and conveyed by the United States to the 
western State under this Act. 
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(2) IMBALANCES.—A ledger account described 
in paragraph (1) shall reflect imbalances in value to 
be reconciled in a subsequent transaction. 
(3) ACCOUNT
BALANCING.—Each ledger ac-
count shall be— 
(A) balanced not later than 3 years after 
the date on which the ledger account is estab-
lished; and 
(B) closed not later than 5 years after the 
date of the last conveyance of land under this 
Act. 
(d) COSTS.— 
(1) IN GENERAL.—The Secretary or the west-
ern State may assume costs or other responsibilities 
or requirements for conveying land under this Act 
that ordinarily are borne by the other party. 
(2) ADJUSTMENT.—If the Secretary assumes 
costs or other responsibilities under paragraph (1), 
the Secretary shall make adjustments to the value of 
the public land conveyed to the western State to 
compensate the Secretary for assuming the costs or 
other responsibilities. 
(e) ADJUSTMENT.—If value is attributed to any par-
cel of public land that has been selected by a western State 
because of the presence of minerals under a lease entered 
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into under the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) that is in a producing or producible status, and the 
lease is to be conveyed under this Act, the value of the 
parcel shall be reduced by the amount that represents the 
likely Federal revenue sharing obligation under that Act, 
but the adjustment shall not be considered as reflecting 
a property right of the western State. 
SEC. 9. MISCELLANEOUS. 
(a) HAZARDOUS MATERIALS.— 
(1) IN GENERAL.—The Secretary and the west-
ern States shall make available for review and in-
spection any record relating to hazardous materials 
on land to be conveyed under this Act. 
(2) CERTIFICATION.—The Secretary and the 
western State shall each complete an inspection and 
a hazardous materials certification of land to be con-
veyed under this Act before the completion of the 
conveyance. 
(b) WATER RIGHTS.—Nothing in this Act shall be 
construed to— 
(1) create an implied or expressed Federal re-
served water right; or 
(2) affect a valid existing water right. 
(c) GRAZING PERMITS.— 
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(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 land located within the National For-
est 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, 
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 
prevents the Secretary (or the Secretary of Ag-
riculture for land located within the National 
Forest System) or the western State from can-
celing or modifying a grazing permit, lease, or 
contract if the land subject to the permit, lease, 
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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 land located within the National Forest Sys-
tem) 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 graz-
ing permittee or lessee to meet the base property re-
quirements 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. 
(5) RANGE IMPROVEMENTS.—Nothing in this 
Act shall be construed to prohibit a holder of a graz-
ing lease, permit, or contract from being com-
pensated for range improvements pursuant to the 
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terms of the their lease, permit, or contract under 
existing Federal or State laws. 
(d) PROTECTION OF INDIAN RIGHTS.— 
(1) TREATY RIGHTS.—Nothing in this Act al-
ters or diminishes the treaty rights of any Indian 
tribe. 
(2) LAND HELD IN TRUST.—Nothing in this 
Act affects— 
(A) land held in trust by the Secretary for 
any Indian tribe; or 
(B) any individual Indian allotment. 
(3) EFFECT.—Nothing in this Act alters, di-
minishes, or enlarges the application of— 
(A) division A of subtitle III of title 54, 
United States Code (formerly known as the 
‘‘National Historic Preservation Act’’ (16 
U.S.C. 470 et seq.)); 
(B) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.); 
(C) Public Law 95–341 (commonly known 
as the ‘‘American Indian Religious Freedom 
Act’’) (42 U.S.C. 1996); 
(D) chapter 3125 of title 54, United States 
Code; or 
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(E) the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.). 
SEC. 10. ADMINISTRATION. 
Nothing in this Act repeals or limits, expressly or by 
implication, any authority in existence on the date of en-
actment of this Act for the selection or exchange of land. 
SEC. 11. TERMINATION OF AUTHORITY. 
(a) IN GENERAL.—Subject to subsection (b), the pro-
visions of this Act shall cease to be effective with regard 
to any State land grant parcel located within an Eligible 
Area for which an application has not been filed by the 
date that is 20 years after the date of the enactment of 
this Act. 
(b) NEW ELIGIBLE AREAS.—If the application de-
scribed in subsection (a) is for a State land grant parcel 
that is located within an Eligible Area established after 
the date of enactment of this Act, the provisions of this 
Act shall remain effective for 20 years after the date on 
which the new Eligible Area is established. 
Æ 
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