HR 1174 IH

To direct the Secretary of the Interior to dispose of all public lands administered by the Bureau of Land Management that have been identified for disposal under the Federal land use planning process.

March 22, 2001

Mr. DUNCAN introduced the following bill; which was referred to the Committee on Resources

To direct the Secretary of the Interior to dispose of all public lands administered by the Bureau of Land Management that have been identified for disposal under the Federal land use planning process.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Lands Improvement Act of 2001'.

SEC. 2. PUBLIC LANDS DISPOSAL REQUIREMENT.

(a) DISPOSAL REQUIREMENT-

(1) IN GENERAL- Not later than 7 years after the date of the enactment of this Act, and subject to paragraphs (2), (3), and (4), the Secretary of the Interior shall dispose of all right, title, and interest of the United States in and to all public lands administered by the Bureau of Land Management that, as of the date of the enactment of this Act, have been identified for disposal under the land use planning process under section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713).

(2) MILESTONES- Of the lands referred to in paragraph (1), the Secretary shall dispose of--

(A) at least 1/3 before the end of the 3-year period beginning on the date of the enactment of this Act; and

(B) at least 2/3 before the end of the 5-year period beginning on such date.

(3) RETENTION OF WILDERNESS LANDS- The Secretary shall not under this section dispose of any lands located in any wilderness area or wilderness study area.

(4) NET COST LIMITATION- The Secretary shall not under this section dispose of a parcel of land if cost to the United States of the disposal exceeds the amount that would be received by the United States for the parcel.

(b) MANNER OF DISPOSAL- The Secretary shall dispose of public lands under this section--

(1) in accordance with the procedures that apply under subsection (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) to sales of public lands under that section; and

(2) in parcels of 160 acres or less.

(c) DETERMINATION OF LANDS FOR DISPOSAL- The Secretary may determine the public lands to be disposed of under this section.

(d) USE OF PROCEEDS- Of amounts received by the United States as proceeds of disposals of public lands under this section--

(1) 1/3 shall be deposited in the account established by subsection (e);

(2) 1/3 shall be paid to the county in which the lands are located for use by the county for any purpose, which may include education, transportation and infrastructure, or preservation of open spaces; and

(3) 1/3 shall be deposited in the general fund of the Treasury and utilized to reduce the public debt.

(e) SPECIAL ACCOUNT-

(1) ESTABLISHMENT- There is established in the Treasury of the United States a separate account to be used in carrying out this section.

(2) CONTENTS- The account shall consist of--

(A) amounts deposited in the account under subsection (d); and

(B) interest added to the account under paragraph (4) of this subsection.

(3) USE-

(A) IN GENERAL- Amounts in the account shall be available to the Secretary until expended, without further appropriation, to pay--

(i) subject to subparagraph (B), costs incurred by the Bureau of Land Management in arranging disposals of public lands under this section, including the costs of land boundary surveys, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), appraisals, environmental and cultural clearances, and public notice;

(ii) the cost of acquisition from a willing seller of environmentally sensitive land or interests in such land in States in which are located public lands disposed of under this section;

(iii) the cost of carrying out any necessary revision or amendment of a current land use plan of the Bureau of Land Management that relates to public lands disposed of under this section;

(iv) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources on public lands, including petroglyphs; and

(v) the cost of projects, programs, or land acquisition to stabilize or restore water quality for water located or used on public lands.

(B) LIMITATIONS-

(i) COSTS IN ARRANGING LAND DISPOSALS- Costs charged against the account for the purposes described in subparagraph (A)(i) shall not exceed the minimum amount practicable in view of the fair market value of the public lands disposed of.

(ii) ACQUISITION- Not more than 50 percent of the amounts deposited in the account in any fiscal year may be used in that fiscal year or any subsequent fiscal year for the purpose described in subparagraph (A)(ii).

(C) PLAN REVISIONS AND AMENDMENTS- The process of revising or amending a land use plan shall not cause delay or postponement in the implementation of this section.

(f) ANNUAL REPORT- Not later than October 31 of each year, the Secretary shall report to the Congress describing in detail the use under subsection (d) during the preceding fiscal year of proceeds of disposals of public lands under this section, including the expenditures in that fiscal year of amounts made available under subsection (e).

(g) DEFINITIONS- In this section:

(1) PUBLIC LANDS- The term `public lands' has the meaning that term has under section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).

(2) SECRETARY- The term `Secretary' means the Secretary of the Interior.

END