IB 
Union Calendar No. 492 
117TH CONGRESS 
2D SESSION 
H. R. 2348 
[Report No. 117–673] 
To maximize land management efficiencies, promote land conservation, 
generate education funding, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2021 
Mr. STEWART (for himself and Mr. O’HALLERAN) introduced the following 
bill; which was referred to the Committee on Natural Resources 
DECEMBER 30, 2022 
Reported from the Committee on Natural Resources; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
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A BILL 
To maximize land management efficiencies, promote land 
conservation, generate education funding, and for other 
purposes. 
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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’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) at statehood, Congress granted each of the 
western States land to be held in trust by the 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 land within the 
western States, including National Parks, National 
Monuments, national conservation areas, national 
grassland, components of the National Wilderness 
Preservation System, wilderness study areas, and 
national wildlife refuges; 
(3) since statehood land grant land owned by 
the western States are typically scattered across the 
public land, creation of Federal conservation areas 
often include State land grant parcels with substan-
tially different management mandates, making land 
and resource management more difficult, expensive, 
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and controversial for both Federal land managers 
and the western States; and 
(4) allowing the western States to relinquish 
State trust land within Federal conservation areas 
and to select replacement land from the public land 
within the respective western States, would— 
(A) enhance management of Federal con-
servation areas by allowing unified management 
of those areas; and 
(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 land made under this Act in accordance 
with section 5. 
(2) ELIGIBLE AREA.—The term ‘‘eligible area’’ 
means land within the outer boundary of— 
(A) a unit of the National Park System; 
(B) a component of the National Wilder-
ness Preservation System; 
(C) a unit of the National Wildlife Refuge 
System; 
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(D) a unit of the National Landscape Con-
servation System; 
(E) an area determined by the Bureau of 
Land Management, through an inventory car-
ried out in accordance with FLPMA, to have 
wilderness characteristics— 
(i) as of the date of enactment of this 
Act; or 
(ii) in a land use plan finalized under 
FLPMA; 
(F) National Forest System land and pub-
lic land administered by the Bureau of Land 
Management that has been designated as a na-
tional monument, national volcanic monument, 
national recreation area, national scenic area, 
inventoried roadless area, unit of the Wild and 
Scenic Rivers System, wilderness study area, or 
Land Use Designation II (as described by sec-
tion 508 of the Alaska National Interest Lands 
Conservation Act (Public Law 101–626; 104 
Stat. 4428)); or 
(G) a sentinel landscape designated by the 
Secretary of Agriculture, the Secretary of De-
fense, and the Secretary of the Interior. 
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(3) FLPMA.—The term ‘‘FLPMA’’ means the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
(4) PRIORITY AREA.—The term ‘‘priority area’’ 
means land within the outer boundary of any— 
(A) National Monument; 
(B) national conservation area managed by 
the Bureau of Land Management; 
(C) component of the National Wilderness 
Preservation System; or 
(D) unit of the National Park System. 
(5) PUBLIC LAND.— 
(A) IN GENERAL.—The term ‘‘public land’’ 
has the meaning given the term ‘‘public lands’’ 
in section 103 of FLPMA (43 U.S.C. 1702). 
(B) 
EXCLUSIONS.—The 
term 
‘‘public 
land’’ does not include Federal land that— 
(i) is within an eligible area; 
(ii) is within an area of critical envi-
ronmental concern established pursuant to 
section 202(c)(3) of FLPMA (43 U.S.C. 
1712(c)(3)); 
(iii) is within an area withdrawn or 
reserved by an Act of Congress, the Presi-
dent, or public land order for a particular 
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public purpose or program, including for 
the conservation of natural resources; 
(iv) has been acquired using funds 
from the Land and Water Conservation 
Fund established under section 200302 of 
title 54, United States Code; 
(v) is within the boundary of an In-
dian reservation, pueblo, or rancheria; or 
(vi) is within a special recreation man-
agement area. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) 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 that purpose; or 
(B) land granted to the State of Alaska 
under subsections (a), (b), and (k) of section 6 
of the Act of July 7, 1958 (commonly known as 
the ‘‘Alaska Statehood Act’’) (48 U.S.C. note 
prec. 21; Public Law 85–508). 
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(8) TRADITIONAL CULTURAL PROPERTY.—The 
term ‘‘traditional cultural property’’ has the mean-
ing given the term— 
(A) ‘‘historic property’’ in section 800.16 
of title 36, Code of Federal Regulations (as in 
effect on the date of enactment of this Act); or 
(B) ‘‘sacred site’’ in section 1(b) of Execu-
tive Order No. 13007 (42 U.S.C. 1996 note; re-
lating to Indian sacred sites). 
(9) WATER RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface 
water, or effluent under Federal, State, or other law. 
(10) 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 
LAND. 
(a) AUTHORITY TO SELECT.—In accordance with 
this Act and in order to facilitate the fulfillment of the 
mandates of State land grant parcels and Federal land 
described in subparagraphs (A) through (G) of section 
3(2), on approval by the Secretary of an application under 
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section 5, a western State may relinquish to the United 
States State land grant parcels wholly or primarily within 
eligible areas and select in exchange public land within the 
western State. 
(b) VALID EXISTING RIGHTS.—Land conveyed under 
this Act shall be subject to valid existing rights. 
(c) MANAGEMENT AFTER RELINQUISHMENT.—Any 
portion of a State land grant parcel acquired by the 
United States under this Act that is located within an eli-
gible area shall— 
(1) be incorporated in, and be managed as part 
of, the applicable unit described in subparagraphs 
(A) through (G) of section 3(2) in which the land is 
located without further action by the Secretary with 
jurisdiction over the unit; 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 (commonly 
known as the ‘‘Weeks Law’’) (16 U.S.C. 552 et 
seq.); and 
(B) any laws (including regulations) appli-
cable to the National Forest System and the 
unit of the National Forest System in which the 
land is located. 
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(d) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), until a western State has relin-
quished and conveyed to the United States substan-
tially all of the State land grant parcels located in 
priority areas in the western State, the western 
State may not apply to relinquish State land grant 
parcels in other eligible areas in the western State. 
(2) EXCEPTION.—The Secretary may waive the 
limitation in paragraph (1) on a determination that 
the relinquishment and conveyance to the United 
States of substantially all State land grant parcels 
located in priority areas in the western State is im-
practical or infeasible. 
(3) OTHER STATE LAND GRANT PARCELS.—The 
Secretary may accept an application from a western 
State to relinquish State land grant parcels within 
an eligible area in the western State if— 
(A) the application is limited to relin-
quishing one or more State land grant parcels 
within a single eligible area; 
(B) the western State submitting the ap-
plication is, as determined by the Secretary, 
making substantial progress in relinquishing 
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State land grant parcels within priority areas in 
the western State; and 
(C) the Secretary has not accepted any 
other applications from the western State under 
this paragraph during the 5-year period ending 
on the date of the application. 
SEC. 5. PROCESS. 
(a) PROCESS FOR APPLICATION.— 
(1) IN
GENERAL.—Not later than 540 days 
after the date of the enactment of this Act and in 
accordance with this section, the Secretary shall pro-
mulgate regulations establishing a process by which 
the western States may request the relinquishment 
of State land grant parcels wholly or partially within 
eligible areas and select public land in exchange for 
the State land grant parcels. 
(2) TIMING.—Except as provided in section 
8(c), the process established by the Secretary under 
this section shall ensure that the relinquishment of 
State land grant parcels and the conveyance of pub-
lic land is concurrent. 
(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-
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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 public land 
under this Act in accordance with— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 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 public land under this 
Act, if the western State has indicated an unwilling-
ness to consider State land grant parcels for relin-
quishment or public land for acquisition (other than 
the State land grant parcels and public land de-
scribed in the proposed agency action), 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.— 
(1) IN GENERAL.—The Secretary is authorized 
to enter into agreements with any of the western 
States to facilitate processing of applications and 
conveyance of selected land. 
(2) AGREEMENT.—On completion of a pre-
application process that includes identification of 
land to be conveyed, the Secretary and the western 
State may enter into a nonbinding agreement that 
includes— 
(A) a time schedule for completing the con-
veyances; 
(B) an assignment of responsibility for 
performance of required functions and for costs 
associated with processing the conveyances; and 
(C) a statement specifying whether as-
sumption of costs will be allowed pursuant to 
section 8(d). 
(e) APPROVAL OR REJECTION.—The Secretary— 
(1) shall issue a final determination on an ap-
plication not later than 3 years after the date a 
western State submits that application to the Sec-
retary; 
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(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 public land that in 
the judgment of the Secretary— 
(A) is not reasonably compact and consoli-
dated; 
(B) will create significant management 
conflicts with respect to the management of ad-
jacent Federal land; 
(C) will significantly adversely affect public 
use of a recreation site or recreation area eligi-
ble for the collection of recreation fees under 
the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6801 et seq.) or other authority; 
(D) will significantly adversely affect pub-
lic access, hunting, fishing, recreational shoot-
ing, outdoor recreation, or result in adverse im-
pacts to critical fish and wildlife habitat; or 
(E) is not in the public interest, as deter-
mined under 43 Code of Federal Regulations 
2200.0–6(b), as in effect on the date of enact-
ment of this Act; 
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(4) shall not accept any State land grant par-
cels that, in the judgment of the Secretary, are not 
suitable for inclusion in the applicable unit described 
in subparagraphs (A) through (G) of section 3(2) in 
which the land is located; 
(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 public land pro-
posed for conveyance to a western State; 
(6) shall, prior to approving an application— 
(A) consult, in accordance with Federal 
law, with any Indian tribe affected by the sub-
ject of the application, including any Indian 
tribe that notifies the Secretary that there is 
traditional cultural property located within the 
public land proposed for conveyance to the 
western State; and 
(B) if the Secretary determines that tradi-
tional cultural property is located within the 
public land proposed for conveyance to the 
western State, consider the extent to which pro-
tection would be available for the traditional 
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cultural property after conveyance of the public 
land to the western State, including terms or 
conditions that the Secretary, with the agree-
ment of the western State, may impose on the 
conveyance of the public land to the western 
State; 
(7) may reject an application in whole or in 
part if the Secretary, after consideration of available 
protection for traditional cultural property located 
within the public land proposed for conveyance to 
the western State pursuant to paragraph (6)(B), de-
termines that insufficient protection would be avail-
able for the traditional cultural property after con-
veyance of the public land to the western State; 
(8) shall, for applications by a western State for 
the conveyance of a parcel of public land that will 
result in significantly diminished public access to ad-
jacent Federal land— 
(A) reject that portion of the application; 
or 
(B) reserve a right-of-way through the 
public land to be conveyed ensuring continued 
public access to adjacent Federal land; and 
(9) shall convey any public land approved for 
selection not later than 1 year after entering into a 
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final agreement between the Secretary and the west-
ern State on the land to be conveyed, subject to such 
other terms and conditions as may be appropriate. 
(f) COSTS.— 
(1) IN
GENERAL.—All costs of conveyances 
under this Act, including appraisals, surveys, and re-
lated costs, shall be paid equally by the Secretary 
and the western State. 
(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 
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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 
(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.— 
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(1) MINING CLAIMS UNAFFECTED.—Nothing in 
this Act alters, diminishes, or expands 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. 
(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. 
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(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.— 
(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— 
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(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 
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 
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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. 
(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. 
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(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 
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-
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pamtmann on DSKBC07HB2PROD with BILLS
veyed under this Act before the completion of the 
conveyance. 
(b) WATER RIGHTS.— 
(1) 
STATE-HELD
APPURTENANT
WATER 
RIGHTS.—Any conveyance of a State land grant par-
cel under this Act may include the conveyance of 
State-held water rights appurtenant to the land con-
veyed in accordance with applicable law. 
(2) FEDERALLY
HELD
APPURTENANT
WATER 
RIGHTS.—Any conveyance of public land under this 
Act may include the conveyance of federally held 
water rights appurtenant to the land conveyed in ac-
cordance with applicable Federal and State law. 
(3) EFFECT.—Nothing in this Act— 
(A) creates an implied or expressed Fed-
eral reserved water right; 
(B) affects a valid existing water right; or 
(C) affects the use of water conveyance in-
frastructure associated with a water right de-
scribed in subparagraph (B). 
(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 
VerDate Sep 11 2014 
21:06 Dec 30, 2022
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E:\BILLS\H2348.RH
H2348
pamtmann on DSKBC07HB2PROD with BILLS