I 
111TH CONGRESS 
1ST SESSION 
H. R. 641 
To limit the authority of the Secretary of Agriculture and the Secretary 
of the Interior to acquire land located in a State in which 25 percent 
or more of all land in the State is already owned by the United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2009 
Mr. FLAKE introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To limit the authority of the Secretary of Agriculture and 
the Secretary of the Interior to acquire land located 
in a State in which 25 percent or more of all land 
in the State is already owned by the United States, 
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 ‘‘No Net Loss of Private 
Land Act’’. 
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SEC. 2. LIMITATION ON FEDERAL ACQUISITION OF LAND IN 
CERTAIN STATES. 
(a) ACQUISITION LIMITATION.—Notwithstanding any 
other provision of law, in the case of a State described 
in subsection (c), the Secretary of Agriculture and the 
Secretary of the Interior may acquire an interest in a par-
cel of land consisting of 100 or more acres in the State 
on behalf of the United States only if, before the acquisi-
tion of such interest, all right, title, and interest of the 
United States in the surface estate of another parcel of 
land in the State is conveyed in accordance with sub-
section (b). The Secretary concerned may not divide a par-
cel of land consisting of 100 or more acres into smaller 
parcels to avoid the requirements of this subsection. 
(b) CONDITIONS ON CONVEYANCE OF SURFACE ES-
TATE.—To qualify as a conveyance of the surface estate 
of a parcel of Federal land for purposes of subsection (a), 
the Secretary concerned shall certify to Congress that— 
(1) the conveyance was made for the purpose of 
complying with the requirements of subsection (a); 
and 
(2) the value of the surface estate of the con-
veyed Federal land is approximately equal to the 
value of the interest in land to be acquired by the 
Secretary concerned, as determined by the Secretary 
concerned. 
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(c) COVERED STATES.—Subsection (a) applies with 
respect each of the several States in which 25 percent or 
more of all land in the State is owned by the United 
States. 
(d) EXCEPTIONS.—This section does not apply to the 
acquisition of the following land: 
(1) Land to be held in trust for the benefit of 
an Indian tribe or individual or to be held by an In-
dian tribe or individual subject to a restriction by 
the United States against alienation. 
(2) Land acquired pursuant to a land exchange 
specifically authorized or required by an Act of Con-
gress. 
(3) Land acquired pursuant to a foreclosure 
under title 18, United States Code. 
(4) Land acquired by the United States in its 
capacity as a receiver, conserver, or liquidating 
agent and held by the United States in its capacity 
as a receiver, conserver, or liquidating agent pending 
disposal. 
(5) Land that is subject to seizure, levy, or lien 
under the Internal Revenue Code of 1986. 
(6) Land that is securing a debt owed to the 
United States. 
(e) DEFINITIONS.—In this section: 
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(1) The term ‘‘acquire’’ includes acquisition by 
donation, purchase with donated or appropriated 
funds, exchange, devise, and condemnation. 
(2) The term ‘‘Secretary concerned’’ means the 
Secretary of Agriculture or the Secretary of the In-
terior. 
(f) WAIVER AUTHORITY.—The Secretary concerned 
may waive the requirements of subsection (a) with respect 
to the acquisition of a particular parcel of land by the Sec-
retary concerned during any period in which there is in 
effect a declaration of war or a national emergency de-
clared by the President and the Secretary concerned cer-
tifies to Congress that the land acquisition is necessary 
as part of the United States response to the war or na-
tional emergency. 
Æ 
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