,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dija ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjad ,mr4 ,bishop of ,utah 7for himself and ,mr4 ,de,fazio7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to maximize land management efficiencies1 promote land conservation1 generate education funding1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,advancing ,conservation and ,education ,act of #bjad4 #b4 ,findings ,congress finds as follows3 7#a7 ,at statehood1 ,congress granted each of the western ,states lands to be held in trust by the ,states and used for the support of public schools and other public institutions4 7#b7 ,since the statehood land grants1 ,congress and the executive branch have created multiple ,federal conservation areas on ,federal lands within the western ,states1 including national parks1 national monuments1 national conservation areas1 national grasslands1 wilderness areas1 wilderness study areas1 and national wildlife refuges4 7#c7 ,because statehood land grant lands owned by the western ,states are typically scattered across the public land1 creation of ,federal conservation areas often include ,state land grant parcels with substantially different management mandates1 making land and resource management more difficult1 expensive1 and controversial for both ,federal land managers and the western ,states4 7#d7 ,allowing the western ,states to relinquish ,state trust lands within ,federal conservation areas and to select replacement lands from the unappropriated public land within the respective western ,states1 would-- 7,a7 enhance management of ,federal conservation areas by allowing unified management of such areas2 and 7,b7 increase revenue from the statehood land grants for the support of public schools and other worthy public purposes4 #c4 ,definitions ,in this ,act3 7#a7 ,application ,the term application means an application for ,state relinquishment and selection of lands made under this ,act in accordance with section #e4 7#b7 ,federal conservation area ,the term ,federal conservation area means lands within the outer boundary of-- 7,a7 a unit of the ,national ,park ,system2 7,b7 a unit of the ,national ,wilderness ,preservation ,system2 7,c7 a unit of the ,national ,wildlife ,refuge ,system2 7,d7 a unit of the ,national ,landscape ,conservation ,system2 or 7,e7 ,national ,forest ,system land that have been designated as a national monument1 national volcanic monument1 national recreation area1 national scenic area1 inventoried roadless area1 unit of the ,wild and ,scenic ,rivers ,system1 or wilderness study area or ,land ,use ,designation ,,ii 7as described by section #bja of the ,tongass ,timber ,reform ,act of #aiij 7,public ,law #aja-fbf774 7#c7 ,,flpma ,the term ,,flpma means the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7#d7 ,priority conservation unit ,the term priority conservation unit means the lands within the outer boundary of any unit of the ,national ,wilderness ,preservation ,system or the ,national ,park ,system4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state land grant parcel ,the term ,state land grant parcel means-- 7,a7 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 institutions1 or subsequently acquired by the western ,state for such purpose2 or 7,b7 lands granted to the ,state of ,alaska under sections #f 7a71 7b71 and 7k7 of the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act2 ,public ,law #he-ejh1 as amended by the ,acts of ,september #ad1 #aifj and ,march #be1 #aifd74 7#g7 ,unappropriated public land 7,a7 ,in general ,the term unappropriated public land has the meaning of the term public land as that term is defined by section #ajb7;e7 of ,,flpma 7#dc ,u4,s4,c4 #agjb7;e774 7,b7 ,exclusions ,the term unappropriated public land does not include ,federal land that is-- 7i7 within a ,federal conservation area2 7ii7 within an area of critical environmental concern established pursuant to section #bjb7;c77#c7 of ,,flpma 7#dc ,u4,s4,c4 #agab7;c77#c772 7iii7 within an area identified as having wilderness characteristics by the ,bureau of ,land ,management under an approved land use plan enacted under ,,flpma2 or 7iv7 within an area withdrawn or reserved by an ,act of ,congress1 the ,president1 or ,public ,land ,order for a particular public purpose or program1 including for the conservation of natural resources4 7#h7 ,western ,state ,the term western ,state means any of the ,states of ,alaska1 ,arizona1 ,california1 ,colorado1 ,idaho1 ,montana1 ,new ,mexico1 ,north ,dakota1 ,oregon1 ,south ,dakota1 ,utah1 ,washington1 and ,wyoming4 #d4 ,relinquishment of ,state land grant parcels and selection of replacement lands 7a7 ,authority ,to select ,in accordance with this ,act1 upon approval by the ,secretary of an application under section #e a western ,state may relinquish to the ,united ,states ,state land grant parcels wholly or primarily within ,federal conservation areas and select in exchange unappropriated public land within the western ,state4 7b7 ,valid existing rights ,land conveyed under this ,act shall be subject to valid existing rights and each party to which land is conveyed shall succeed to the rights and obligations of the conveying party with respect to any lease1 right-of-way1 permit1 or other valid existing right to which the land is subject4 7c7 ,management after relinquishment ,any portion of a ,state land grant parcel acquired by the ,united ,states under this ,act that is located within a ,federal conservation area shall-- 7#a7 be incorporated in1 and be managed as part of1 the ,federal conservation area in which the land is located2 and 7#b7 if located within the ,national ,forest ,system1 be administered by the ,secretary of ,agriculture in accordance with-- 7,a7 the ,act of ,march #a1 #aiaa 7#af ,u4,s4,c4 #dhj et seq42 commonly known as the ,weeks ,law72 or 7,b7 any laws 7including regulations7 applicable to the ,national ,forest ,system and the ,federal conservation area in which it is located4 7d7 ,limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 until a western ,state has relinquished and conveyed to the ,united ,states substantially all of the ,state land grant parcels located in priority conservation units in that ,state1 the ,state may not apply to relinquish ,state land grant parcels in other ,federal conservation areas in that ,state4 7#b7 ,exception ,the ,secretary may waive the limitation in paragraph 7#a7 upon a determination that-- 7,a7 a western ,state has relinquished and conveyed to the ,united ,states at least #ge percent1 measured by land area1 of the ,state land grant parcels that were located in priority conservation units in that ,state on the date of the enactment of this ,act and not identified for conveyance pursuant to an exchange agreement or other statutory authority2 and 7,b7 the relinquishment and conveyance to the ,united ,states of substantially all ,state land grant parcels located in priority conservation units in that ,state is impractical or infeasible4 #e4 ,process 7a7 ,process for application 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act and in accordance with this section1 the ,secretary shall create a process by which the western ,states may request the relinquishment of ,state land grant parcels inside ,federal conservation areas and select unappropriated public lands in exchange therefor4 7#b7 ,timing ,the process established by the ,secretary under this section shall ensure that the relinquishment of ,state land grant parcels and the conveyance of unappropriated public land is concurrent4 7b7 ,public notice ,prior to accepting or conveying any land under this ,act1 the ,secretary shall provide public notice and an opportunity to comment on the proposed conveyances between the western ,state and the ,united ,states4 7c7 ,environmental analysis 7#a7 ,in general ,except as otherwise provided in this subsection1 the ,secretary shall acquire ,state land grant parcels and convey unappropriated public land under this ,act in accordance with-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq472 and 7,b7 other applicable laws4 7#b7 ,environmental assessment or environmental impact statement ,in preparing an environmental assessment or environmental impact statement pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for the acquisition of ,state land grant parcels and the conveyance of unappropriated public land under this ,act1 the ,secretary is not required to study1 develop1 and describe more than-- 7,a7 the proposed agency action2 and 7,b7 the alternative of no action4 7d7 ,agreements with ,states ,the ,secretary is authorized to enter into cooperative agreements with any of the western ,states to facilitate processing of applications and conveyance of selected lands4 7e7 ,approval or rejection ,the ,secretary-- 7#a7 shall issue a final determination on an application not later than three years after a western ,state submits that application to the ,secretary2 7#b7 may approve an application in whole or in part1 or as modified by the ,secretary as necessary to balance the equities of the ,states and interest of the public2 7#c7 shall not accept an application under this ,act for selection of any parcel of unappropriated public land that in the judgment of the ,secretary-- 7,a7 is not reasonably compact and consolidated2 or 7,b7 will create significant management conflicts with respect to the management of adjacent ,federal land2 7#d7 shall not accept any ,state land grant parcels that1 in the judgment of the ,secretary1 are not suitable for inclusion in a ,federal conservation area2 7#e7 shall1 prior to approving an application1 consult with the head of any ,federal agency with jurisdiction over ,federal land-- 7,a7 within which a western ,state proposes to relinquish a ,state land grant parcel2 or 7,b7 that is adjacent to unappropriated public land proposed for conveyance to a western ,state2 and 7#f7 shall convey any ,federal lands approved for selection not later than #ij days after entering into a final agreement between the ,secretary and the western ,state on the lands to be conveyed1 subject to such other terms and conditions as may be appropriate4 7f7 ,conveyance by western ,state 7#a7 ,in general ,the conveyance of any ,state land grant parcel under this ,act shall be by patent or deed acceptable to the ,secretary4 7#b7 ,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 ,system4 7g7 ,conveyance by ,united ,states ,the conveyance of unappropriated public land by the ,united ,states shall include such terms and conditions as the ,secretary may require4 #f4 ,mineral lands 7a7 ,selection and conveyance 7#a7 ,in general ,subject to the provisions of this ,act1 a western ,state may select1 and the ,secretary may convey1 lands that are mineral in character under this ,act4 7#b7 ,exclusion ,a western ,state may not select1 and the ,secretary may not convey-- 7,a7 land that includes only a portion of a mineral lease or permit2 or 7,b7 only the ,federal mineral estate1 unless the ,united ,states does not own the associated surface estate4 7b7 ,mining claims 7#a7 ,in general ,to facilitate the conversion of ,federal mining claims to ,state mining leases on land selected by a western ,state1 a ,federal mining claimant may file with the ,secretary a voluntary relinquishment of a ,federal mining claim conditioned on conveyance of the land to the western ,state4 7#b7 ,no relinquishment ,if the land subject to a ,federal mining claim for which a conditional relinquishment has been filed with the ,secretary is not conveyed to the western ,state under this ,act1 the conditional relinquishment of land under paragraph 7#a7 shall be of no effect4 #g4 ,construction with other laws 7a7 ,consideration ,in the application of laws1 regulations1 and policies relating to selections made under this ,act1 the ,secretary shall consider the equities of the western ,states and the interest of the public4 7b7 ,presumption of plan adequacy ,unless a land use plan enacted under section #bjb of ,,flpma 7#dc ,u4,s4,c4 #agab7 specifically identifies significant public values that would be lost or substantially impaired due to the conveyance of unappropriated public land to a western ,state1 any western ,state selection under this ,act shall be deemed to be in compliance with such plan even if the selected land is not otherwise identified for disposal4 #h4 ,valuation 7a7 ,equal value ,the overall value of the ,state land grant parcels and the unappropriated public land to be conveyed shall be equal1 or if they are not equal1 the values shall be equalized by the payment of money to the western ,state or to the ,secretary as the circumstances require1 so long as payment does not exceed #be percent of the total value of the land or interests transferred out of ,federal ownership4 7b7 ,low value parcels ,if a western ,state and the ,secretary agree that the market value of a ,state land grant parcel or a parcel of unappropriated public land is less than #cjj per acre1 the ,secretary may use a summary appraisal or statement of value made by a qualified appraiser in accordance with ,internal ,revenue ,service standards instead of an appraisal compliant with the ,uniform ,appraisal ,standards for ,federal ,land ,acquisition4 7c7 ,ledger accounts ,the ,secretary and any western ,state may agree to use a ledger account to make equal the value of lands relinquished by the western ,state and conveyed by the ,united ,states to the western ,state under this ,act4 7d7 ,costs ,the ,secretary or the western ,state may1 in accordance with section #bjf7;f77#b77;,b7 of ,,flpma 7#dc ,u4,s4,c4 #agaf7;f77#b77;,b77-- 7#a7 assume costs or other responsibilities or requirements for conveying land under this ,act that ordinarily are borne by the other party2 and 7#b7 make adjustments to the relative values involved in the conveyance of land under this ,act to compensate the ,secretary or the western ,state for assuming such costs or other responsibilities or requirements4 7e7 ,adjustment ,if value is attributed to any parcel of ,federal land that has been selected by a western ,state because of the presence of minerals under a lease pursuant to the ,mineral ,lands ,leasing ,act 7#cj ,u4,s4,c4 #aia et seq47 that is in a producing or producible status1 and the lease is to be conveyed under this ,act1 the value of such parcel shall be reduced by the percentage which represents the likely ,federal revenue sharing obligation under the ,mineral ,lands ,leasing ,act1 but such adjustment shall not be considered as reflecting a property right of the western ,state4 #i4 ,miscellaneous provisions 7a7 ,hazardous materials ,the ,secretary and the western ,states shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this ,act4 7b7 ,appurtenant water rights ,any conveyance of a ,state land grant parcel or unappropriated public land under this ,act may include the conveyance of water rights appurtenant to the land conveyed4 7c7 ,grazing permits 7#a7 ,in general ,if land conveyed under this ,act is subject to a lease1 permit1 or contract for the grazing of domestic livestock in effect on the date of the conveyance1 the ,secretary 7or the ,secretary of ,agriculture for lands located within the ,national ,forest ,system7 and the western ,state shall allow the grazing to continue for the remainder of the term of the lease1 permit1 or contract1 subject to the related terms and conditions of user agreements1 including permitted stocking rates1 grazing fee levels1 access rights1 and ownership and use of range improvements4 7#b7 ,renewal ,on expiration of any grazing lease1 permit1 or contract described in paragraph 7#a71 the party that has jurisdiction over the land on the date of expiration may elect to renew the lease1 permit1 or contract if permitted under applicable law4 7#c7 ,cancellation 7,a7 ,in general ,nothing in this ,act shall prevent the ,secretary 7or the ,secretary of ,agriculture for lands located within the ,national ,forest ,system7 or the western ,state from canceling or modifying a grazing permit1 lease1 or contract if the land subject to the permit1 lease1 or contract is sold1 conveyed1 transferred1 or leased for nongrazing purposes4 7,b7 ,limitation ,except to the extent reasonably necessary to accommodate surface operations in support of mineral development1 the ,secretary 7or the ,secretary of ,agriculture for lands located within the ,national ,forest ,system7 or the western ,state shall not cancel or modify a grazing permit1 lease1 or contract for land conveyed pursuant to this ,act because the land subject to the permit1 lease1 or contract has been leased for mineral development4 7#d7 ,base properties ,if land conveyed by the western ,state under this ,act is used by a grazing permittee or lessee to meet the base property requirements for a ,federal grazing permit or lease1 the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit4 #aj4 ,termination of authority ,the provisions of this ,act shall cease to be effective with regard to any ,state land grant parcel located within a ,federal conservation area for which an application has not been filed by the date that is #aj years after the date of the enactment of this ,act unless that application is for a ,state land grant parcel that is located within a ,federal conservation area established after the date of enactment of this ,act1 in which case the provisions of this ,act will remain effective for #aj years after the date on which the ,federal conservation area is established4 #aa4 ,savings provisions ,nothing in this ,act shall be deemed to repeal or limit1 expressly or by implication1 any existing authority for the selection or exchange of lands4