I
104TH CONGRESS
1ST SESSION
H. R. 2032
To transfer the lands administered by the Bureau of Land Management
to the State in which the lands are located.
IN THE HOUSE OF REPRESENTATIVES
JULY 13, 1995
Mr. HANSEN (for himself, Mrs. VUCANOVICH, Mrs. CUBIN, Mr. COOLEY, Mr.
POMBO, Mr. DOOLITTLE, Mr. HERGER, Mr. SKEEN, Mr. STUMP, and Mr.
ALLARD) introduced the following bill; which was referred to the Commit-
tee on Resources
A BILL
To transfer the lands administered by the Bureau of Land
Management to the State in which the lands are located.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TRANSFER OF BUREAU OF LAND MANAGEMENT
LANDS.
(a) REQUIRED OFFER.—
(1) IN
GENERAL.—Subject to valid existing
rights and except as otherwise provided in this Act,
the Secretary of the Interior shall offer to transfer
all right, title, and interest of the United States in
and to all lands and interests in lands administered
by the Bureau of Land Management to the State in
which such lands and interests are located.
(2) LANDS
AND
INTERESTS
INCLUDED.—The
lands and interests in lands referred to in paragraph
(1) include—
(A) the fee simple interest where the
United States owns both the surface and min-
eral rights;
(B) the mineral rights where the surface
estate is owned by a non-Federal person, in-
cluding a State or political subdivision thereof;
and
(C) water rights related to such lands or
interests.
(3) EXCLUSION OF MINERAL INTERESTS UN-
DERLYING INDIAN RESERVATIONS.—Paragraph (1)
does not apply with respect to the mineral interests
underlying a surface estate held by the United
States in trust for an Indian tribe.
(b) TWO-YEAR PERIOD TO MAKE OFFER TO GOV-
ERNOR.—The offer required by subsection (a) with respect
to a State shall be made to the Governor within two years
after the date of the enactment of this Act.
which the lands were transferred and shall be adminis-
tered in accordance with such laws.
(2) The holder of a mining claim is entitled to the
issuance of a patent in the case of a mining claim on lands
transferred to a State under this Act in the same manner
and degree to which such holder would have been entitled
to prior to the date of such transfer if, as of the date
of the transfer a patent application was filed with the Sec-
retary and all requirements—
(A) under sections 2325 and 2326 of the Re-
vised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims;
(B) under sections 2329, 2330, 2331, and 2333
of the Revised Statues (30 U.S.C. 35, 36, 37) for
placer claims; and
(C) applicable to such patent application for
mill site claims,
were fully complied with.
(c) RIGHTS-OF-WAY.—Each State receiving lands
under this Act shall respect all rights-of-way granted by
the United States on such lands in accordance with the
terms and conditions of the rights-of-way.
SEC. 3. MANAGEMENT OF LANDS TRANSFERRED BY THIS
ACT.
(a) WILDERNESS.—Lands transferred by this Act
which have been designated by an Act of Congress as wil-
derness shall be managed by the State as wilderness in
accordance with the requirements specified in the Wilder-
ness Act, the Act of Congress which designated the lands
as wilderness, and any other Act of Congress which spe-
cifically provides for the management of such lands, except
that the State shall be substituted for the Secretary of
the Interior.
(b) MILITARY USES.—(1) Lands transferred by this
Act which on the date of such transfer are subject to use
for military purposes shall continue to be subject to the
same military uses.
(2) In the case of lands transferred to a State under
this Act which are subject to a withdrawal from public
use for military purposes, the State shall respect the with-
drawal and military use for the term of the withdrawal
and may not impose any fee or other charge on the United
States with respect to the military purpose. At the end
of such term, the Secretary of the military department
concerned, or the Secretary of Defense, may negotiate
with the Governor of the State for the continued use of
such lands. Lands for which there is not a continued mili-
tary use shall be decontaminated by the appropriate Sec-
retary in accordance with the Act of Congress which with-
drew such lands for military purposes or the withdrawal
order, if any.
(c) RECORDS.—The Secretary of the Interior shall
continue to hold all land records of the Secretary with re-
spect to the lands transferred to a State under this Act.
The Secretary shall provide to the State full copies of all
applicable land records relating to lands which are trans-
ferred under this Act. The Secretary shall make such
records available for public use as the Secretary deter-
mines appropriate.
(d) INDIAN LANDS.—The mineral interests described
in section 1(a)(3) shall be transferred from the adminis-
trative jurisidiction of the Bureau of Land Management
and shall be held in trust for the Indian tribe for whom
the overlying surface estate is held in trust.
SEC. 4. WATER RIGHTS.
(a) IN GENERAL.—The Secretary shall transfer to
the State receiving lands under this Act all water rights
of the United States associated with the lands.
(b) CERTAIN RIGHTS NOT AFFECTED.—A transfer
of water rights under subsection (a) shall not be construed
as—
(1) affecting, impairing, diminishing, subordi-
nating, or enlarging—
(A) the rights of the United States or any
State to water under any international treaty,
interstate compact, or existing judicial decree;
(B) any obligation of the United States to
Indians or Indian tribes or any claim or right
owned or held by or for Indians or Indian
tribes, including with respect to any Indian
water compact;
(C) any right to any quantity of water re-
served or used for governmental purposes or
programs of the United States at any time
prior to the date of the enactment of this Act;
or
(D) any license or permit issued before the
date of the enactment of this Act; or
(2) as a recognition, disclaimer, relinquishment,
or reduction of any water right of the United States
reserved or appropriated before the date of the en-
actment of this Act.
SEC. 5. REDUCTION IN BUDGET AUTHORITY FOR THE BU-
REAU OF LAND MANAGEMENT.
(a) CAP ON OBLIGATIONS AND EXPENDITURES.—Be-
ginning with the fiscal year in which this Act is enacted,
not more than $800,000,000 may be obligated or ex-
pended in any fiscal year by the Bureau of Land Manage-
ment in carrying out its duties, functions, and responsibil-
ities under any provision of law.
(b) PRIORITY FOR USE OF FISCAL RESOURCES.—
The Secretary shall give priority to expending amounts
available to the Bureau of Land Management to land
management activities and to carrying out this Act.
SEC. 6. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, pueblo, or other organized group
or community, including any Alaska Native village
or regional corporation as defined in or established
pursuant to the Alaska Native Claims Settlement
Act, which is recognized as eligible for the special
programs and services provided by the United States
to Indians because of their status as Indians; and
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior.
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