I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Conserva-
tion 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 
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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 Fed-
eral 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, mak-
ing 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 unappro-
priated public land within the respective western 
States, would— 
(A) enhance management of Federal con-
servation areas by allowing unified management 
of such areas; and 
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(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 Con-
servation System; or 
(E) National Forest System land that have 
been designated as a national monument, na-
tional volcanic monument, national recreation 
area, national scenic area, inventoried roadless 
area, unit of the Wild and Scenic Rivers Sys-
tem, or wilderness study area or Land Use Des-
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ignation 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 Wil-
derness 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 ac-
quired 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 amend-
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ed by the Acts of September 14, 1960 and 
March 25, 1964). 
(7) UNAPPROPRIATED PUBLIC LAND.— 
(A) IN GENERAL.—The term ‘‘unappropri-
ated 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 ‘‘unappropri-
ated public land’’ does not include Federal land 
that is— 
(i) within a Federal conservation area; 
(ii) within an area of critical environ-
mental concern established pursuant to 
section 202(c)(3) of FLPMA (43 U.S.C. 
1712(c)(3)); 
(iii) within an area identified as hav-
ing wilderness characteristics by the Bu-
reau of Land Management under an ap-
proved land use plan enacted under 
FLPMA; or 
(iv) within an area withdrawn or re-
served by an Act of Congress, the Presi-
dent, or Public Land Order for a par-
ticular public purpose or program, includ-
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ing for the conservation of natural re-
sources. 
(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, Wash-
ington, and Wyoming. 
SEC. 4. RELINQUISHMENT OF STATE LAND GRANT PAR-
CELS 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 
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United States under this Act that is located within a Fed-
eral 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 Sys-
tem, 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) appli-
cable to the National Forest System and the 
Federal conservation area in which it is located. 
(d) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (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— 
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(A) a western State has relinquished and 
conveyed to the United States at least 75 per-
cent, measured by land area, of the State land 
grant parcels that were located in priority con-
servation 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 cre-
ate a process by which the western States may re-
quest the relinquishment of State land grant parcels 
inside Federal conservation areas and select unap-
propriated public lands in exchange therefor. 
(2) TIMING.—The process established by the 
Secretary under this section shall ensure that the re-
linquishment of State land grant parcels and the 
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conveyance of unappropriated public land is concur-
rent. 
(b) PUBLIC NOTICE.—Prior to accepting or con-
veying any land under this Act, the Secretary shall provide 
public notice and an opportunity to comment on the pro-
posed conveyances between the western State and the 
United States. 
(c) ENVIRONMENTAL ANALYSIS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided 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
ENVI-
RONMENTAL IMPACT STATEMENT.—In preparing an 
environmental assessment or environmental impact 
statement pursuant to section 102(2) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)) for the acquisition of State land grant par-
cels 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 
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(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 applica-
tions and conveyance of selected lands. 
(e) APPROVAL OR REJECTION.—The Secretary— 
(1) shall issue a final determination on an ap-
plication 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 consoli-
dated; or 
(B) will create significant management 
conflicts with respect to the management of ad-
jacent Federal land; 
(4) shall not accept any State land grant par-
cels that, in the judgment of the Secretary, are not 
suitable for inclusion in a Federal conservation area; 
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(5) shall, prior to approving an application, con-
sult with the head of any Federal agency with juris-
diction 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 west-
ern 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 appro-
priate. 
(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 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. 
(g) CONVEYANCE BY UNITED STATES.—The convey-
ance of unappropriated public land by the United States 
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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 Sec-
retary may convey, lands that are mineral in char-
acter under this Act. 
(2) EXCLUSION.—A western State may not se-
lect, 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 re-
linquishment 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 re-
linquishment has been filed with the Secretary is not 
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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, 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) PRESUMPTION OF PLAN ADEQUACY.—Unless a 
land use plan enacted under section 202 of FLPMA (43 
U.S.C. 1712) specifically identifies significant public val-
ues 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 re-
quire, so long as payment does not exceed 25 percent of 
the total value of the land or interests transferred out of 
Federal ownership. 
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(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 ap-
praiser in accordance with Internal Revenue Service 
standards instead of an appraisal compliant with the Uni-
form 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 re-
quirements for conveying land under this Act that 
ordinarily are borne by the other party; and 
(2) make adjustments to the relative values in-
volved in the conveyance of land under this Act to 
compensate the Secretary or the western State for 
assuming such costs or other responsibilities or re-
quirements. 
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(e) ADJUSTMENT.—If value is attributed to any par-
cel 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 adjust-
ment 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 in-
spection any record relating to hazardous materials on 
land to be conveyed under this Act. 
(b) APPURTENANT WATER RIGHTS.—Any convey-
ance 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 
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