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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''DNA Sexual Assault Justice Act of
2002''.

SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF SAMPLES.

(a) Assessment.--
(1) In general.--The Attorney General shall survey each law
enforcement jurisdiction to assess the backlog of DNA testing
of rape kit samples and other sexual assault evidence.
(2) Determinations.--The Attorney General, acting through
the Director of the National Institute of Justice, shall carry
out an assessment of Federal, State, local, and tribal
territories law enforcement jurisdictions to determine the
amount of--
(A) evidence contained in rape kits that has not
been subjected to DNA testing and analysis; and
(B) evidence from sexual assault crimes that has
not been subjected to DNA testing and analysis.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report on the assessment carried out under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the results of the assessment carried out under
subsection (a);
(B) the number of rape kit samples and other
evidence from sexual assault crimes that have not been
subjected to DNA testing and analysis; and
(C) a plan for carrying out additional assessments
and reports to continue until all law enforcement
jurisdictions report no backlog in crime scene DNA
testing and analysis.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended--
(1) in paragraph (2), by inserting ''including samples from
rape kits and nonsuspect cases'' after ''crime scenes''; and
(2) by adding at the end the following:
''(4) To ensure that DNA testing and analysis of samples
from rape kits and nonsuspect cases are carried out in a timely
manner.''.

SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.

Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(j)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ''and'' at the
end; and
(B) by striking subparagraph (C) and inserting the
following:
''(C) $25,000,000 for fiscal year 2003;
''(D) $25,000,000 for fiscal year 2004;
''(E) $25,000,000 for fiscal year 2005; and
''(F) $25,000,000 for fiscal year 2006.''; and
(2) in paragraph (2), by striking subparagraphs (C) and (D)
and inserting the following:
''(C) $100,000,000 for fiscal year 2003;
''(D) $100,000,000 for fiscal year 2004;
''(E) $50,000,000 for fiscal year 2005; and
''(F) $50,000,000 for fiscal year 2006.''.

SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA
BACKLOG ELIMINATION GRANTS.

Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by inserting ''or eligible units of
local government'' after ''eligible States'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ''or unit of local government'' after
''State'' each place that term appears;
(B) in paragraph (1), by inserting ''or unit of
local government'' after ''State'';
(C) in paragraph (3), by inserting ''or unit of
local government'' after ''State'' the first time that
term appears;
(D) in paragraph (4)--
(i) by inserting ''or unit of local
government'' after ''State''; and
(ii) by striking ''and'' after the
semicolon;
(E) in paragraph (5)--
(i) by inserting ''or unit of local
government'' after ''State''; and
(ii) by striking the final period and
inserting ''; and''; and
(F) by adding at the end the following:
''(6) if the applicant is a unit of local government,
certify that the applicant participates in a State laboratory
system.'';
(3) in subsection (c), by inserting ''or unit of local
government'' after ''State'';
(4) in subsection (d)(2)(A), by inserting ''or units of
local government'' after ''States'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ''or local
government'' after ''State'' each place that term
appears; and
(B) in paragraph (2), by inserting ''or unit of
local government'' after ''State'';
(6) in subsection (f), by inserting ''or unit of local
government'' after ''State'';
(7) in subsection (g)--
(A) in paragraph (1), by inserting ''or unit of
local government'' after ''State''; and
(B) in paragraph (2), by inserting ''or units of
local government'' after ''States''; and
(8) in subsection (h), by inserting ''or unit of local
government'' after ''State'' each place that term appears.

SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.

Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (b)--
(A) in paragraph (5) (as amended by section 5), by
striking ''and'' at the end;
(B) in paragraph (6) (as added by section 5), by
striking the period at the end and inserting: '';
and''; and
(C) by adding at the end the following:
''(7) ensure that each laboratory performing DNA testing or
analysis satisfies the quality assurance protocols and
practices described in subsection (d)(2).''; and
(2) by adding at the end the following:
''(k) Priority.--In awarding grants under this section, the
Attorney General shall give priority to a State or unit of local
government that has a significant rape kit or nonsuspect case backlog
as compared to other applicants.''.

SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND
INVESTIGATION OF SEXUAL ASSAULT CASES.

(a) Authorization of Grants.--The Attorney General shall make
grants to eligible entities to--
(1) carry out sexual assault examiner training and
certification;
(2) develop sexual assault examiner programs;
(3) acquire or improve forensic equipment;
(4) train law enforcement personnel in the handling of
sexual assault cases and the collection and use of DNA samples
for use as forensic evidence; and
(5) train law enforcement personnel to recognize, detect,
report, and respond to drug-facilitated sexual assaults.
(b) Eligible Entity.--For purposes of this section, the term
''eligible entity'' means--
(1) a State;
(2) a unit of local government;
(3) a college, university, or other institute of higher
learning;
(4) sexual assault examination programs, including sexual
assault forensic examiner (SAFE) programs, sexual assault nurse
examiner (SANE) programs, and sexual assault response team
(SART) programs; and
(5) a State sexual assault coalition.
(c) Application.--To receive a grant under this section--
(1) the chief executive officer of a State, unit of local
government, or university that desires a grant under this
section shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General may require;
(B) certification that the testing will be done in
a laboratory that complies with the quality assurance
and proficiency testing standards for collecting and
processing DNA samples issued by the Director of the
Federal Bureau of Investigation under section 210303 of
the DNA Identification Act of 1994 (42 U.S.C. 14131);
(C) notice that the applicant is aware of, and
utilizing, uniform protocols and standards issued by
the Department of Justice on the collection and
processing of DNA evidence at crime scenes; and
(D) if the applicant is a unit of local government,
certification that the applicant participates in a
State laboratory system; and
(2) an existing or proposed sexual assault examination
program shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General may require;
(B) certification that the program complies with
the standards and recommended protocol developed by the
Attorney General pursuant to section 1405 of the
Victims of Trafficking and Violence Protection Act of
2000 (42 U.S.C. 3796gg note); and
(C) notice that the applicant is aware of, and
utilizing, uniform protocols and standards issued by
the Department of Justice on the collection and
processing of DNA evidence at crime scenes.
(d) Priority.--In awarding grants under this section, the Attorney
General shall give priority to proposed or existing sexual assault
examination programs that are serving, or will serve, populations
currently underserved by existing sexual assault examination programs.
(e) Restrictions on Use of Funds.--
(1) Supplemental funds.--Funds made available under this
section shall not be used to supplant State funds, but shall be
used to increase the amount of funds that would, in the absence
of Federal funds, be made available from State sources for the
purposes of this section.
(2) Administrative costs.--An eligible entity may not use
more than 3 percent of the funds it receives under this section
for administrative expenses.
(3) Nonexclusivity.--Nothing in this section shall be
construed to limit or restrict the ability of proposed or
existing sexual assault examination programs to apply for and
obtain Federal funding from any other agency or department or
any other Federal Grant program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $15,000,000 for each of
fiscal years 2003 through 2006 to carry out this section.

SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.

(a) Limitations.--Section 3282 of title 18, United States Code, is
amended--
(1) by striking ''Except'' and inserting the following:
''(a) Limitation.--Except''; and
(2) by adding at the end the following:
''(b) DNA Profile Indictment.--
''(1) In general.--In any indictment found for an offense
under chapter 109A, if the identity of the accused is unknown,
it shall be sufficient to describe the accused as an individual
whose name is unknown, but who has a particular DNA profile.
''(2) Exception.--Any indictment described in paragraph
(1), which is found within 5 years after the offense under
chapter 109A shall have been committed, shall not be subject
to--
''(A) the limitations period described in
subsection (a); and
''(B) the provisions of chapter 208 until the
individual is arrested or served with a summons in
connection with the charges contained in the
indictment.
''(3) Definition.--For purposes of this subsection, the
term 'DNA profile' means a set of DNA identification
characteristics.''.
(b) Privacy Protection Standard.--Section 10(a) of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by
inserting before the period at the end the following: ''or in section
3282(b) of title 18, United States Code.''.
(c) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of
Criminal Procedure is amended in subdivision (c)(1) by adding at the
end the following: ''For purposes of an indictment referred to in
section 3282 of title 18, United States Code, if the identity of the
defendant is unknown, it shall be sufficient to describe the defendant,
in the indictment, as an individual whose name is unknown, but who has
a particular DNA profile, as defined in that section 3282.''.

SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM.

Section 210306 of the DNA Identification Act of 1994 (42
U.S.C.14134) is amended--
(1) by striking ''There'' and inserting the following:
''(a) In General.--There''; and
(2) by adding at the end the following:
''(b) Increased Grants for CODIS.--There is authorized to be
appropriated to the Federal Bureau of Investigation to carry out a
redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal
year 2003.''.

SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM
(FCOP).

Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135a) is amended by adding at the end the following:
''(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Federal Bureau of Investigation to carry out this
section $497,000 for fiscal year 2003.''.
[A]: DNA Sexual Assault Justice Act of 2002 - Directs the Attorney General to: (1) survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence; and (2) make grants to eligible entities to carry out sexual assault examiner training and certification, develop sexual assault examiner programs, acquire or improve forensic equipment, and train law enforcement personnel in the handling of sexual assault cases.Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) ensure that DNA testing and analysis of samples from rape kits and non-suspect cases are carried out in a timely manner; (2) reauthorize grants; (3) authorize local governments to apply for and receive grants; (4) direct the Attorney General to give priority in awarding grants to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; (5) expand the scope of DNA samples subject to privacy protections; and (6) authorize appropriations to the Federal Bureau of Investigation (FBI) for the collection and use of DNA identification information from certain Federal offenders.Amends: (1) the Federal criminal code and the Federal Rules of Criminal Procedure to authorize "John Doe" DNA indictments for sexual abuse (allows describing a person as an unknown individual who has a particular DNA profile if the identity of the accused or defendant is unknown); and (2) the DNA Identification Act of 1994 to authorize appropriations to the FBI to carry out a redesign of the Combined DNA Index System.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Alexis Agin Identity Theft
Protection Act of 2013''.

SEC. 2. LIMITATION ON DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR
MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.

(a) In General.--Section 205(r) of the Social Security Act (42
U.S.C. 405(r)) is amended--
(1) in paragraph (2), by inserting '', and to ensure
completeness, timeliness, and accuracy of,'' after
''transmitting'';
(2) by striking paragraph (3) and inserting the following:
''(3) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding deceased
individuals furnished to or maintained by the Commissioner, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, to any Federal or State agency providing or
administering Federally funded benefits to individuals, other than
benefits under this Act, through a cooperative arrangement with such
agency designed to ensure proper payment of those benefits with respect
to such individuals if--
''(A) under such arrangement the agency provides
reimbursement to the Commissioner of Social Security for the
reasonable costs of carrying out such arrangement, including
the reasonable costs associated with the collection and
maintenance of information regarding deceased individuals
furnished to the Commissioner pursuant to paragraph (1); and
''(B) such arrangement does not conflict with the duties of
the Commissioner of Social Security under paragraph (1).'';
(3) in paragraph (4), by inserting ''or in benefit and
pension plans for employees of the States or local
governments'' after ''by the States'';
(4) by striking paragraph (5) and inserting the following:
''(5)(A) The Commissioner of Social Security may use or provide for
the use of information regarding deceased individuals furnished to or
maintained by the Commissioner, subject to such safeguards as the
Commissioner of Social Security determines are necessary or appropriate
to protect the information from unauthorized use or disclosure,
provided the requirements of subparagraphs (A) and (B) of paragraph (3)
are met and such information is provided--
''(i) to any Federal agency through a cooperative agreement
with such agency for the purpose of law enforcement or tax
administration; or
''(ii) for statistical and research activities conducted by
Federal and State agencies.
''(B) A Federal or State agency may disclose death information
obtained from the Commissioner to a contractor for the purposes of
assisting with such law enforcement, tax administration, or statistical
and research activities, provided that the agency ensures, at a
minimum, that the contractor fulfills the requirements of clauses (ii)
and (iv) of paragraph (7)(E).'';
(5) by striking paragraph (7) and inserting the following:
''(7)(A) For purposes of this paragraph, death information shall
consist of information regarding deceased individuals maintained by the
Commissioner of Social Security, except for information furnished to or
maintained by the Commissioner pursuant to paragraphs (1) or (2), and
the death information to be provided shall consist only of the name,
social security number, date of birth, and date of death of a deceased
individual.''
''(B) The Commissioner may disclose death information under this
paragraph to the Secretary of Defense provided that--
''(i) the Secretary uses the information provided solely
for the purpose of assisting in the identification of
unidentified remains, and
''(ii) the Secretary enforces requirements similar to those
in clauses (i), (ii), (iv), (v), (vi), and (vii) with respect
to any contractor the Secretary hires to assist in such
identifications.
''(C) The Commissioner of Social Security may disclose death
information, except for information furnished to or maintained by the
Commissioner of Social Security pursuant to paragraphs (1) or (2),
provided the requirements of this paragraph and the requirements of
subparagraphs (A) and (B) of paragraph (3) are met.
''(D) The Commissioner may disclose--
''(i) to any entity, information maintained by the
Commissioner concerning individuals whose date of death
occurred at least 3 calendar years prior to the year that the
entity requests such information pursuant to a written
agreement; and
''(ii) to any entity 'certified' by the Commissioner under
subparagraph (E), information maintained by the Commissioner
concerning individuals whose date of death does not satisfy the
requirements of clause (i), pursuant to a written agreement
between the Commissioner and the entity.
''(E) For purposes of this paragraph an entity is 'certified' only
if the Commissioner--
''(i) establishes procedures to certify and decertify
entities eligible to obtain such information;
''(ii) includes in the agreement with such an entity
provisions to require such entity to safeguard the information
provided, assure that the information is used only for the
purpose which was the basis for the certification, assure that
the information is not disclosed by the entity to any other
entity, and include contractual penalties, including monetary
penalties and loss of certification, for the violation of any
requirements imposed by the Commissioner as a condition of
receiving the information;
''(iii) requires that the entity demonstrate that--
''(I) it has a legitimate business need for the
information, which shall include a requirement that the
information regarding a deceased individual will aid in
preventing financial harm to the entity or to a
customer or client of the entity or will aid in
permitting the entity to fulfill an obligation to a
beneficiary of an individual that is contingent upon
the death of such individual; or
''(II) it has a legitimate interest in preventing
fraud or unauthorized financial transactions;
''(iv) requires that the entity demonstrate that it has
infrastructure and procedures in place to prevent wrongful
access to or the disclosure of information provided by the
Commissioner;
''(v) determines that the entity has adequate experience
and expertise in maintaining the confidentiality and security
of information;
''(vi) includes such other requirements and restrictions as
the Commissioner deems appropriate to assure the
confidentiality of the information; and
''(vii) requires that the entity permit periodic and
unscheduled audits of the entity to assure compliance with the
requirements established by the Commissioner.
''(F) The Commissioner shall establish application and other fees
to be paid by entities seeking to be certified or to maintain
certification under this paragraph so that the Commissioner is fully
reimbursed for all costs associated with development of the
certification process, evaluating applications, auditing compliance
with the requirements established by the Commissioner, inspecting
records and assuring compliance with contract requirements, and any
other costs associated with assuring continuing eligibility for
certification under this paragraph.
''(G) For purposes of this paragraph, the terms 'entity' or
'entities' includes 'individual' and 'individuals' respectively.
''(H) The Commissioner may delegate any of the activities under
this paragraph to another agency and may perform any activity through a
contractor, provided that the delegation or contract requires such
agency or contractor to comply with all requirements of this section
and of the implementing policies developed by the Commissioner.'';
(6) by adding at the end the following new paragraph:
''(10) Information related to a deceased individual received by the
Commissioner of Social Security other than as described in paragraph
(1) shall be treated for purposes of paragraph (6) in the same manner
as information received as described in paragraph (1).''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act and each year thereafter through 2019, the Commissioner of
Social Security shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report describing the entities certified by the Commissioner under
section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7))
during the preceding year and their compliance with the requirements of
subparagraph (E) of such section.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on the date that is
60 days after the date of the enactment of this Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on January 1, 2014.
(d) Sunset.--Subparagraphs (C) through (H) of section 205(r)(7) of
the Social Security Act (42 U.S.C. 405(r)(7)) (as amended by subsection
(a)) shall cease to be effective on January 1, 2019, except that--
(1) clauses (ii) and (iv) of subparagraph (E) of such
section shall continue to apply for purposes of section
205(r)(5)(B) of such Act (42 U.S.C. 405(r)(5)(B)) (as amended
by subsection (a)).
[A]: Alexis Agin Identity Theft Protection Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the treatment of death information furnished to or maintained by the Social Security Administration (SSA). Authorizes the Commissioner of Social Security to use or provide such information to federal and state agencies for statistical and research activities or to any federal agency for law enforcement or tax administration purposes. Authorizes disclosure of such information by: (1) federal and state agencies to contractors to assist with similar activities, (2) the Commissioner to entities concerning certain individuals who died more than three years earlier as well as to entities certified by the Commissioner, and (3) the Commissioner to the Secretary of Defense (DOD) to assist in the identification of remains.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Small Lands Tracts Conveyance Act''.

SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF
NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS.

(a) Definitions.--In this section:
(1) Adjacent landholder.--The term ''adjacent landholder''
means any holder of non-Federal land (including a holder that
is a State, county, or local government or any agency thereof,
or an Indian tribe) that shares one or more boundaries with an
eligible Federal lands parcel and who makes a request to
purchase an eligible Federal lands parcel.
(2) Director concerned.--The term ''Director concerned''
means the Director of the Bureau of Land Management for a
State.
(3) Eligible federal lands parcel.--The term ''eligible
Federal lands parcel'' means a parcel of National Forest System
land or the public lands that--
(A) shares one or more boundaries with non-Federal
land;
(B) is located within the boundaries of an
incorporated or unincorporated area with a population
of at least 500 residents;
(C) is not subject to existing rights held by a
non-Federal entity;
(D) does not contain an exceptional resource; and
(E) is not habitat for an endangered species or a
threatened species determined under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
(4) Exceptional resource.--The term ''exceptional
resource'' means a resource of scientific, historic, cultural,
or recreational value on a parcel of public lands that the
Director concerned or Regional Forester concerned determines,
on the record and after an opportunity for a hearing--
(A) is documented by a Federal, State, or local
governmental authority; and
(B) requires extraordinary conservation and
protection to maintain the resource for the benefit of
the public.
(5) Indian tribe.--The term ''Indian tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(6) National forest system land.--
(A) In general.--The term ''National Forest System
land'' means land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)), including the National Grasslands and land
utilization projects designated as National Grasslands
administered pursuant to the Act of July 22, 1937 (7
U.S.C. 1010-1012).
(B) Exclusions.--The term does not include any land
managed by the Forest Service that is included in a
national monument, an area of critical environmental
concern, a national conservation area, a national
riparian conservation area, a national recreation area,
a national scenic area, a research natural area, a
national outstanding natural area, a national natural
landmark, a wilderness area, a wilderness study area,
the national wild and scenic rivers system, the
national system of trails, or land held in trust by the
United States for the benefit of any Indian tribe.
(7) Public lands.--
(A) In general.--The term ''public lands'' has the
meaning given that term in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702(e)).
(B) Exclusions.--The term does not include any land
managed by the Bureau of Land Management that is
included in a national monument, an area of critical
environmental concern, a national conservation area, a
national riparian conservation area, a national
recreation area, a national scenic area, a research
natural area, a national outstanding natural area, a
national natural landmark, a wilderness area, a
wilderness study area, the national wild and scenic
rivers system, the national system of trails, or land
held in trust by the United States for the benefit of
any Indian tribe.
(8) Regional forester concerned.--The term ''Regional
Forester concerned'' means the Regional Forester with
jurisdiction over the National Forest System land of a specific
Forest Service Region.
(b) Selection of Parcels for Conveyance.--
(1) Two selection methods.--The Director concerned or the
Regional Forester concerned shall select an eligible Federal
lands parcel for conveyance under this section--
(A) in response to a request submitted by an
adjacent landholder; or
(B) upon the recommendation of the District Office
of the Bureau of Land Management or unit of the
National Forest System exercising administration over
the parcel.
(2) Adjacent landholder request.--
(A) Process required.--The Secretary of Agriculture
and the Secretary of the Interior each shall create a
process by which an adjacent landholder may request to
purchase an eligible Federal lands parcel.
(B) Guidelines.--To the maximum extent practicable,
the process shall be consistent with other public
purchase request processes used by the Forest Service
and the Bureau of Land Management to convey Federal
land under their respective statutory and regulatory
authority.
(C) Public accessibility.--The process shall be
open to the public and available on the internet.
(D) Deadline.--The process shall be available to
the public within 90 days of the date of the enactment
of this Act.
(3) Review of adjacent landholder request.--When an
adjacent landholder submits a request under paragraph (1)(A)
for conveyance of a parcel of National Forest System land or
public lands, the Director concerned or the Regional Forester
concerned shall review the parcel and determine, within 30 days
after receipt of the request, whether the parcel satisfies the
definition of eligible Federal lands parcel for conveyance.
(4) Rejection of adjacent landholder request.--If the
Director concerned or the Regional Forester concerned
determines under paragraph (2) that all or a portion of the
parcel of National Forest System land or public lands covered
by an adjacent landholder request under paragraph (1)(A) fails
to satisfy the definition of eligible Federal lands parcel, the
Director concerned or the Regional Forester concerned shall
give the landowner--
(A) a written explanation of the reasons for the
rejection, which specifies--
(i) which of the elements of the definition
of eligible Federal lands parcel the parcel
fails to satisfy and how and why the parcel
fails to satisfy that element;
(ii) how the continued administration of
the parcel by the Bureau of Land Management or
the Forest Service would impact the parcel and
surrounding economy; and
(iii) why the Federal Government needs to
maintain ownership of the parcel and would be
the best land ownership steward of the parcel;
and
(B) an opportunity to appeal the rejection under
subsection (e).
(c) Parcel and Acreage Limitations.--
(1) Acreage.--An eligible Federal lands parcel conveyed
under this section may not exceed 160 acres unless a request
for additional acreage is approved by the Director concerned or
the Regional Forester concerned.
(2) Number of parcels.--An adjacent landholder may only
acquire one eligible Federal lands parcel under this section
per year, except that, if the parcel is less than 160 acres in
size, the adjacent landholder may acquire additional eligible
Federal lands parcels during that year so long as the total
acreage acquired does not exceed 160 acres unless a request for
additional acreage is approved by the Director concerned or the
Regional Forester concerned.
(d) Conveyance Process.--
(1) Public notice.--The Director concerned or the Regional
Forester concerned shall provide public notice of the
availability of an eligible Federal lands parcel, even in cases
in which the parcel shares a boundary with only a single parcel
of non-Federal land or with multiple parcels owned by the same
adjacent landholder. The notice shall state that the parcel
satisfies the definition of eligible Federal lands parcel for
conveyance.
(2) Single adjacent landholder.--If the eligible Federal
lands parcel shares a boundary with only a single parcel of
non-Federal land or with multiple parcels owned by the same
adjacent landholder, the Director concerned or the Regional
Forester concerned shall carry out a negotiated sale of the
eligible Federal lands parcel with the adjacent landholder.
(3) Multiple adjacent landholders.--If multiple parcels of
non-Federal land, owned by different adjacent landholders,
share a boundary with an eligible public lands parcel, the sale
of the eligible public lands parcel under this section shall be
conducted using competitive bidding procedures established
under section 203(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713(f)).
(4) Rejection of offers.--The Director concerned or the
Regional Forester concerned may reject any offer made under
this subsection that does not offer the minimum consideration
required by subsection (f). The adjacent landholder shall be
given an opportunity to appeal the rejection under subsection
(e).
(5) Compliance with local planning and zoning.--As a
condition of the conveyance of an eligible public lands parcel
under this section, the Director concerned or the Regional
Forester concerned shall require the purchaser of the parcel to
agree to comply with all local land use ordinances and any
master zoning plan applicable to the parcel or the adjacent
non-Federal land of the purchaser.
(6) Form of conveyance.--When an eligible Federal lands
parcel is to be sold under this section, the Director concerned
or the Regional Forester concerned shall convey, by quitclaim
deed, all right, title, and interest, including the mineral
estate, of the United States in and to the parcel.
(e) Appeals Process.--
(1) Availability of appeal.--If the Director concerned or
the Regional Forester concerned rejects an adjacent landholder
request under subsection (b)(1)(A) for selection of a parcel of
National Forest System land or public lands for conveyance
under this section or rejects an adjacent landholder offer for
purchase of an eligible Federal lands parcel under subsection
(d), the Director concerned or the Regional Forester concerned
shall provide an appeals process for reconsideration of the
rejection using the expedited Forest Service appeals process
available under section 322(d) of Public Law 102-381 (16 U.S.C.
1612 note).
(2) Administering official.--For purposes of applying
section 322(d) of Public Law 102-381 (16 U.S.C. 1612 note),
references to the Chief of the Forest Service or the Secretary
of Agriculture shall be deemed to mean the Director concerned
or the Regional Forester concerned.
(f) Consideration.--
(1) Fair market value.--As consideration for the sale of an
eligible Federal lands parcel under this section, the Director
concerned or the Regional Forester concerned shall require a
cash payment in an amount that is equal to not less than the
fair market value of the parcel, including the mineral estate,
being conveyed by the Director concerned or the Regional
Forester concerned.
(2) Establishment.--The fair market value of an eligible
Federal lands parcel shall be established by an appraisal
submitted by the adjacent landholder seeking to purchase the
parcel, unless the Director concerned or the Regional Forester
concerned rejects such appraisal within 45 days after
submission. In the case of the rejection of the appraisal, the
Director concerned or the Regional Forester concerned shall
cause another appraisal to be conducted, within 30 days, in
accordance with the regulations regarding appraisals issued
under section 206(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(f)).
(g) Treatment of Proceeds.--
(1) Establishment of fund.--The Secretary of the Treasury
shall establish in the Treasury of the United States a special
fund to provide for the collection and distribution of funds
under this subsection.
(2) Collection.--Funds collected from the conveyance of an
eligible Federal lands parcel under this section shall be
deposited into the Treasury fund created under paragraph (1).
(3) Distribution.--Funds collected under this subsection
shall be distributed annually to those States in which the
Federal Government owns more than 33 percent of the land area
of that State according to the calculation provided in
paragraph (4).
(4) Calculation of distribution.--From amounts collected
and deposited under this section--
(A) 50 percent of the amount collected from a
conveyance shall be distributed to the State in which
the conveyance took place; and
(B) the remaining 50 percent shall be distributed
equally between the remaining States identified under
paragraph (3).
(5) Limitation of use.--As a condition of receipt of funds
under this subsection, a State receiving such funds shall agree
to use the funds only for the following purposes:
(A) Purchase.--To purchase additional eligible
Federal lands parcels, that are consistent with land
use management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701).
(B) Compliance.--To comply with a Federal
requirement under--
(i) Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); or
(iii) National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(h) Payment of Costs of Conveyance.--
(1) Payment of costs required.--The Director concerned or
the Regional Forester concerned shall require the purchaser to
cover the costs to be incurred, or to reimburse the Director
concerned or the Regional Forester concerned for costs
incurred, to carry out the conveyance, including survey and
appraisal costs, costs for environmental documentation, and any
other administrative costs related to the conveyance.
(2) Refund of excess.--If amounts are collected from the
purchaser in advance of the Director concerned or the Regional
Forester concerned incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Director
concerned or the Regional Forester concerned to carry out the
conveyance, the Director concerned or the Regional Forester
concerned shall refund the excess amount to the purchaser.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs in carrying out
the conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(i) Time for Conveyance.--It is the intent of the Congress that the
conveyance of an eligible Federal lands parcel under this section, from
selection of the parcel for conveyance through completion of the sale,
should take no more than 18 months.
(j) Categorical Exclusion.--Because the scope of a conveyance is
limited and excluded from any exceptional resource, a conveyance of an
eligible Federal lands parcel under this section is categorically
excluded from the requirement to prepare an environmental assessment or
an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(k) Additional Authority.--The conveyance authority provided by
this section is in addition to the sale authority provided by section
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713) or any other provision of law.
[A]:
Small Lands Tracts Conveyance Act Requires the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Forest Service (respecting certain National Forest System lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an adjacent landholder (any holder of non-federal land that shares one or more boundaries with such a parcel and who requests to purchase such a parcel), or (2) upon the recommendation of the BLM District Office or System unit that exercises administration over such parcel. Directs the Department of Agriculture (USDA) and the Department of the Interior to each create a process by which an adjacent landholder may request to purchase an eligible parcel. Instructs that such process be open to the public and available on the Internet. Bars a conveyed eligible parcel from exceeding 160 acres unless the BLM or the Forest Service approves a request for additional acreage. Permits acquisition by an adjacent landholder of only one eligible parcel a year, subject to an exception. Instructs the BLM or the Forest Service, as consideration for the sale of an eligible parcel, to require a cash payment in an amount equal to at least the fair market value of such parcel, including the mineral estate, being conveyed. Requires the proceeds collected from such conveyances to be deposited into a special fund established by this Act and distributed annually to each state in which the federal government owns more than 33% of the land area of such state. Requires, from amounts collected and deposited: (1) 50% of the amount collected from a conveyance to be distributed to the state in which the conveyance took place, and (2) the remaining 50% to be distributed equally between the remaining states identified pursuant to the preceding paragraph. Requires states receiving such funds to use them only for: (1) purchasing additional eligible parcels consistent with land use management under the Federal Land Policy and Management Act; and (2) complying with requirements under the Endangered Species Act of 1973, the Federal Water Pollution Control Act (commonly known as the Clean Water Act), and the National Environmental Policy Act of 1969 (NEPA). Requires the purchaser of an eligible federal lands parcel under this Act to cover the costs to be incurred, or to reimburse the BLM or the Forest Service for the costs incurred, in carrying out the conveyance. Excludes categorically a conveyance of an eligible federal lands parcel under this Act from the requirement to prepare an environmental assessment or an environmental impact statement under NEPA. (A categorical exclusion under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.)