H.R. 4257 — what changed

Application— The term application means an application for State relinquishment and selection of land made under this Act in accordance with section 5.

Eligible area— The term eligible area means land within the outer boundary of—

a unit of the National Park System;

a component of the National Wilderness Preservation System;

a unit of the National Wildlife Refuge System;

a unit of the National Landscape Conservation System;

National Forest System land and public land administered by the Bureau of Land Management that has been designated as a national 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 section 508 of the Alaska National Interest Lands Conservation Act (Public Law 101–626; 104 Stat. 4428)); or

a sentinel landscape designated by the Secretary of Agriculture, the Secretary of Defense, and the Secretary of the Interior.

FLPMA— The term FLPMA means the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

Priority area— The term priority area means land within the outer boundary of any—

National Monument;

national conservation area managed by the Bureau of Land Management;

component of the National Wilderness Preservation System; or

unit of the National Park System.

In general— The term public land has the meaning given the term public lands in section 103 of FLPMA (43 U.S.C. 1702).

Exclusions— The term public land does not include Federal land that—

is within an eligible area;

is within an area of critical environmental concern established pursuant to section 202(c)(3) of FLPMA (43 U.S.C. 1712(c)(3));

is within an area withdrawn or reserved by an Act of Congress, the President, or public land order for a particular public purpose or program, including for the conservation of natural resources;

Secretary— The term Secretary means the Secretary of the Interior.

State land grant parcel— The term State land grant parcel means—

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 acquired by the western State for that purpose; or

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).

Traditional cultural property— The term traditional cultural property has the meaning given the term—

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

Water right— The term water right means any right in or to groundwater, surface water, or effluent under Federal, State, or other law.

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, Washington, and Wyoming.

Valid existing rights— Land conveyed under this Act shall be subject to valid existing rights.

Management after relinquishment— Any portion of a State land grant parcel acquired by the United States under this Act that is located within an eligible area shall—

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

if located within the National Forest System, be administered by the Secretary of Agriculture in accordance with—

the Act of March 1, 1911 (commonly known as the “Weeks Law”) (16 U.S.C. 552 et seq.); and

any laws (including regulations) applicable to the National Forest System and the unit of the National Forest System in which the land is located.

In general— Except as provided in paragraphs (2) and (3), until a western State has relinquished and conveyed to the United States substantially 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.

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 impractical or infeasible.

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—

the application is limited to relinquishing one or more State land grant parcels within a single eligible area;

the western State submitting the application is, as determined by the Secretary, making substantial progress in relinquishing State land grant parcels within priority areas in the western State; and

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.

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 promulgate 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.

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 public land is concurrent.

Public notice— Prior to accepting or conveying any land under this Act, the Secretary shall provide public notice and an opportunity to comment on the proposed conveyances between the western State and the United States.

In general— Except as otherwise provided in this subsection, the Secretary shall acquire State land grant parcels and convey public land under this Act in accordance with—

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

other applicable laws.

Environmental assessment or environmental impact statement— In preparing an environmental assessment or environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for the acquisition of State land grant parcels and the conveyance of public land under this Act, if the western State has indicated an unwillingness to consider State land grant parcels for relinquishment or public land for acquisition (other than the State land grant parcels and public land described in the proposed agency action), the Secretary is not required to study, develop, and describe more than—

the proposed agency action; and

the alternative of no action.

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.

a time schedule for completing the conveyances;

an assignment of responsibility for performance of required functions and for costs associated with processing the conveyances; and

a statement specifying whether assumption of costs will be allowed pursuant to section 8(d).

Approval or rejection— The Secretary—

shall issue a final determination on an application not later than 3 years after the date a western State submits that application to the Secretary;

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;

shall not accept an application under this Act for selection of any parcel of public land that in the judgment of the Secretary—

is not reasonably compact and consolidated;

will create significant management conflicts with respect to the management of adjacent Federal land;

shall not accept any State land grant parcels 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;

shall, prior to approving an application, consult with the head of any Federal agency with jurisdiction over Federal land—

within which a western State proposes to relinquish a State land grant parcel; or

that is adjacent to public land proposed for conveyance to a western State;

shall, prior to approving an application—

consult, in accordance with Federal law, with any Indian tribe affected by the subject 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

if the Secretary determines that traditional cultural property is located within the public land proposed for conveyance to the western State, consider the extent to which protection would be available for the traditional cultural property after conveyance of the public land to the western State, including terms or conditions that the Secretary, with the agreement of the western State, may impose on the conveyance of the public land to the western State;

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), determines that insufficient protection would be available for the traditional cultural property after conveyance of the public land to the western State;

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 adjacent Federal land—

reject that portion of the application; or

reserve a right-of-way through the public land to be conveyed ensuring continued public access to adjacent Federal land; and

shall convey any public land approved for selection not later than 1 year after entering into a final agreement between the Secretary and the western State on the land to be conveyed, subject to such other terms and conditions as may be appropriate.

In general— All costs of conveyances under this Act, including appraisals, surveys, and related costs, shall be paid equally by the Secretary and the western State.

Allocation— The Federal agency that receives 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.

In general— The conveyance of any State land grant parcel under this Act shall—

be by patent or deed acceptable to the Secretary; and

not be considered an exchange or acquisition for purposes of sections 205 and 206 of FLPMA (43 U.S.C. 1715, 1716).

Concurrence— The Secretary of Agriculture 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.

Conveyance by United States— The conveyance of public land by the United States shall—

not be considered a sale, exchange, or conveyance under section 203, 206, or 209 of FLPMA (43 U.S.C. 1713, 1716, and 1719); and

include such terms or conditions as the Secretary may require.