H. Rept. 115-625 - FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION OF 2018115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-625
======================================================================
FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION OF 2018
_______
April 9, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 5133]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5133) to reauthorize the Federal Land
Transaction Facilitation Act, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Transaction Facilitation
Act Reauthorization of 2018''.
SEC. 2. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational access
and use, or other'';
(2) in section 203(2) (43 U.S.C. 2302(2))--
(A) in the matter preceding subparagraph (A), by
striking ``on the date of enactment of this Act was''
and inserting ``is'';
(B) by amending subparagraph (A) to read as follows:
``(A) a national monument, area of critical
environmental concern, national conservation area,
national riparian conservation area, national
recreation area, national scenic area, research natural
area, national outstanding natural area, priority
species and habitats designated in a land use plan in
accordance with subpart E (entitled ``Fish and
Wildlife'') of part I of Appendix C of Bureau of Land
Management Land Use Planning Handbook H-1601-1 (Rel 1-
1693), a special recreation management area, or a
national natural landmark managed by the Bureau of Land
Management;''; and
(C) by amending subparagraph (D) to read as follows:
``(D) a National Forest or National Grassland in the
National Forest System; or'';
(3) in section 203 (43 U.S.C. 2302), by inserting the
following paragraph after section 203(2) (and redesignating the
following paragraphs accordingly):
``(3) Inaccessible lands that are open to public hunting,
fishing, recreational shooting, or other recreational
purposes.--The term `inaccessible lands that are open to public
hunting, fishing, recreational shooting, or other recreational
purposes' means public lands in Alaska and the eleven
contiguous Western States (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)) consisting of at least 640 contiguous acres on which the
public is allowed under Federal or State law to hunt, fish,
target shoot or use the land for other recreational purposes
but--
``(A) to which there is no public access or egress;
or
``(B) to which public access or egress to the land is
significantly restricted, as determined by the
Secretary.''; and
(4) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206''
and all that follows through the period and inserting
the following: ``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land identified
for disposal under approved land use plans under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712);
``(2) not later than 180 days after the date of the enactment
of the Federal Land Transaction Facilitation Act
Reauthorization of 2018, to establish and make available to the
public, on the website of the Department of the Interior, a
database containing a comprehensive list of all the land
referred to in paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) by striking subsection (d);
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) in subparagraph(A)(i), by striking ``inholdings;
and'' and inserting ``inholdings;'';
(B) in subparagraph (A)(ii), by striking
``exceptional resources.'' and inserting ``exceptional
resources; or'';
(C) in subparagraph (A), by inserting after clause
(ii), ``(iii) adjacent to inaccessible lands open to
public hunting, fishing, recreational shooting, or
other recreational purposes.''; and
(D) by adding at the end the following:
``(E) Any funds made available under subparagraph (D)
that are not obligated or expended by the end of the
fourth full fiscal year after the date of the sale or
exchange of land that generated the funds may be
expended in any State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the
following:
``(B) the extent to which the acquisition of the land
or interest therein will increase the public
availability of resources for, and facilitate public
access to, hunting, fishing, and other recreational
activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) by striking section 206(f) (43 U.S.C. 2305(f)); and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting
``96-586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1121).''.
Purpose of the Bill
The purpose of H.R. 5133 is to reauthorize the Federal Land
Transaction Facilitation Act.
Background and Need for Legislation
The Federal Land Transaction Facilitation Act (FLTFA, 43
U.S.C. 2301 et seq.) established a self-funded federal program
that, for more than a decade, facilitated strategic federal
land sales by the Bureau of Land Management (BLM) to provide
funding for high-priority land acquisition. FLTFA funds BLM,
U.S. Forest Service (USFS), National Park Service (NPS), and
U.S. Fish and Wildlife Service (USFWS) land conservation
projects that increase public access for outdoor recreation,
hunting, and fishing as well as conservation of wildlife
habitat. Funds are also used to protect water quality and
preserve historic and cultural resources. FLTFA has resulted in
a net reduction of the federal land estate by a 3 to 2
ratio.\1\
---------------------------------------------------------------------------
\1\The Conservation Fund, https://www.conservationfund.org/our-
work/conservation-fund-partnerships/conservation-policy/fltfa (accessed
2/19/18).
---------------------------------------------------------------------------
FLTFA was enacted in 2000 and expired in 2011. Under FLTFA,
revenue generated through the BLM's land disposal process
provided funding for high-priority land conservation. Land sale
revenue is distributed in the following manner: 4% to the State
in which the land is sold and 96% to the Federal Land Disposal
Account. Of the funds acquired under FLTFA, 80% are required to
be used for land acquisitions within the State in which funds
were received, and 20% are to be used for land acquisitions in
any of the other ten contiguous Western States or Alaska.
For use of the land acquisition funds, nominations are
submitted to BLM, and an interagency team (BLM, USFS, NPS and
USFWS) evaluates and ranks proposals. A 2003 Interagency MOU
recommended the distribution of land acquisition funds as
follows: 60% for BLM, 20% for USFS; 10% for USFWS, and 10% for
NPS. Approvals from the Secretaries of the Interior and
Agriculture are required to authorize the funding.\2\
---------------------------------------------------------------------------
\2\Ibid.
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FLTFA's implementation between 2000-2011 resulted in BLM
selling 27,249 acres of low-priority lands and federal agencies
acquiring 18,093 acres of high-priority lands.\3\ These
transactions allowed ranchers and farmers to expand operations
by purchasing BLM lands adjacent to their properties.
Additionally, BLM sold lands with timber interests, to real
estate companies, community colleges, landfills, etc. Completed
FLTFA land conservation projects have included river frontage
for fly-fishing access at North Platte River Special Recreation
Management Area, big-game winter habitat at Elk Springs Area of
Critical Environmental Concern in New Mexico, and historic
preservation at Canyons of the Ancients National Monument in
Colorado.\4\
---------------------------------------------------------------------------
\3\Email from legislative affairs staff, Bureau of Management, to
majority House Natural Resources Committee Staff (February 28, 2018,
3:23pm) (on file with the Committee).
\4\The Conservation Fund, https://www.conservationfund.org/our-
work/conservation-fund-partnerships/conservation-policy/fltfa (accessed
3/19/18).
---------------------------------------------------------------------------
H.R. 5133 permanently authorizes FLTFA. It also amends
FLTFA to place an emphasis on wildlife-dependent recreation in
support of sportsmen and women in land acquisitions under the
law. It requires BLM to create and maintain a publicly-
available database of all lands available for disposal.
Finally, it creates additional flexibility to more effectively
and efficiently fund conservation in the Western States.
Committee Action
H.R. 5133 was introduced on March 1, 2018, by Congressman
Rob Bishop (R-UT). The bill was referred to the Committee on
Natural Resources. On March 7, 2018, the Natural Resources
Committee met to consider the bill. Congressman Rob Bishop
offered an amendment designated #1; it was adopted by unanimous
consent. No additional amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 5, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5133, the Federal
Land Transaction Facilitation Act Reauthorization of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5133--Federal Land Transaction Facilitation Act Reauthorization of
2018
CBO estimates that enacting H.R. 5133 would not affect the
federal budget because H.R. 1625, the Consolidated
Appropriations Act, 2018 (Public Law 115-141), which contained
provisions similar to those in H.R. 5133, was enacted on March
23, 2018.
Because enacting H.R. 5133 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5133 also would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2028.
H.R. 5133 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Federal Land
Transaction Facilitation Act.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
FEDERAL LAND TRANSACTION FACILITATION ACT
* * * * * * *
TITLE II--FEDERAL LAND TRANSACTION FACILITATION
* * * * * * *
SEC. 203. DEFINITIONS.
In this title:
(1) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, natural,
historic, [cultural, or] cultural, recreational access
and use, or other recreational value that has been
documented by a Federal, State, or local governmental
authority, and for which there is a compelling need for
conservation and protection under the jurisdiction of a
Federal agency in order to maintain the resource for
the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven
contiguous Western States (as defined in section 103(o)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(o))) that [on the date of enactment of
this Act was] is within the boundary of--
[(A) a national monument, area of critical
environmental concern, national conservation
area, national riparian conservation area,
national recreation area, national scenic area,
research natural area, national outstanding
natural area, or a national natural landmark
managed by the Bureau of Land Management;]
(A) a national monument, area of critical
environmental concern, national conservation
area, national riparian conservation area,
national recreation area, national scenic area,
research natural area, national outstanding
natural area, priority species and habitats
designated in a land use plan in accordance
with subpart E (entitled ``Fish and Wildlife'')
of part I of Appendix C of Bureau of Land
Management Land Use Planning Handbook H-1601-1
(Rel 1-1693), a special recreation management
area, or a national natural landmark managed by
the Bureau of Land Management;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge
System;
[(D) an area of the National Forest System
designated for special management by an Act of
Congress; or]
(D) a National Forest or National Grassland
in the National Forest System; or
(E) an area within which the Secretary or the
Secretary of Agriculture is otherwise
authorized by law to acquire lands or interests
therein that is designated as--
(i) wilderness under the Wilderness
Act (16 U.S.C. 1131 et seq.);
(ii) a wilderness study area;
(iii) a component of the Wild and
Scenic Rivers System under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et
seq.); or
(iv) a component of the National
Trails System under the National Trails
System Act (16 U.S.C. 1241 et seq.).
(3) Inaccessible lands that are open to public
hunting, fishing, recreational shooting, or other
recreational purposes.--The term ``inaccessible lands
that are open to public hunting, fishing, recreational
shooting, or other recreational purposes'' means public
lands in Alaska and the eleven contiguous Western
States (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702))
consisting of at least 640 contiguous acres on which
the public is allowed under Federal or State law to
hunt, fish, target shoot or use the land for other
recreational purposes but--
(A) to which there is no public access or
egress; or
(B) to which public access or egress to the
land is significantly restricted, as determined
by the Secretary.
[(3)] (4) Inholding.--The term ``inholding'' means
any right, title, or interest, held by a non-Federal
entity, in or to a tract of land that lies within the
boundary of a federally designated area.
[(4)] (5) Public land.--The term ``public land''
means public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)).
[(5)] (6) Secretary.--The term ``Secretary'' means
the Secretary of the Interior.
* * * * * * *
SEC. 205. DISPOSAL OF PUBLIC LAND.
(a) In General.--The Secretary shall establish a program,
using funds made available under [section 206, to complete
appraisals and satisfy other legal requirements for the sale or
exchange of public land identified for disposal under approved
land use plans (as in effect on the date of enactment of this
Act) under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).] section 206--
(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land
identified for disposal under approved land use plans
under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712);
(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation
Act Reauthorization of 2018, to establish and make
available to the public, on the website of the
Department of the Interior, a database containing a
comprehensive list of all the land referred to in
paragraph (1); and
(3) to maintain the database referred to in paragraph
(2).
(b) Sale of Public Land.--
(1) In general.--The sale of public land so
identified shall be conducted in accordance with
sections 203 and 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713, 1719).
(2) Exceptions to competitive bidding requirements.--
The exceptions to competitive bidding requirements
under section 203(f) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713(f)) shall apply
to this section in cases in which the Secretary
determines it to be necessary.
(c) Report in Public Land Statistics.--The Secretary shall
provide in the annual publication of Public Land Statistics, a
report of activities under this section.
[(d) Termination of Authority.--The authority provided under
this section shall terminate 11 years after the date of
enactment of this Act.]
SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.
(a) Deposit of Proceeds.--Notwithstanding any other law
(except a law that specifically provides for a proportion of
the proceeds to be distributed to any trust funds of any
States), the gross proceeds of the sale or exchange of public
land under this Act shall be deposited in a separate account in
the Treasury of the United States to be known as the ``Federal
Land Disposal Account''.
(b) Availability.--Amounts in the Federal Land Disposal
Account shall be available to the Secretary and the Secretary
of Agriculture, without further Act of appropriation, to carry
out this title.
(c) Use of the Federal Land Disposal Account.--
(1) In general.--Funds in the Federal Land Disposal
Account shall be expended in accordance with this
subsection.
(2) Fund allocation.--
(A) Purchase of land.--Except as authorized
under subparagraph (C), funds shall be used to
purchase lands or interests therein that are
otherwise authorized by law to be acquired, and
that are--
(i) [inholdings; and] inholdings;
(ii) adjacent to federally designated
areas and contain [exceptional
resources.] exceptional resources; or
(iii) adjacent to inaccessible lands
open to public hunting, fishing,
recreational shooting, or other
recreational purposes.
(B) Inholdings.--Not less than 80 percent of
the funds allocated for the purchase of land
within each State shall be used to acquire
inholdings identified under section 204.
(C) Administrative and other expenses.--An
amount not to exceed 20 percent of the funds
deposited in the Federal Land Disposal Account
may be used by the Secretary for administrative
and other expenses necessary to carry out the
land disposal program under section 205.
(D) Same state purchases.--Of the amounts not
used under subparagraph (C), not less than 80
percent shall be expended within the State in
which the funds were generated. Any remaining
funds may be expended in any other State.
(E) Any funds made available under
subparagraph (D) that are not obligated or
expended by the end of the fourth full fiscal
year after the date of the sale or exchange of
land that generated the funds may be expended
in any State.
(3) Priority.--The Secretary and the Secretary of
Agriculture shall develop a procedure for prioritizing
the acquisition of inholdings and non-Federal lands
with exceptional resources as provided in paragraph
(2). Such procedure shall consider--
(A) the date the inholding was established
(as provided in section 204(c));
(B) the extent to which the acquisition of
the land or interest therein will increase the
public availability of resources for, and
facilitate public access to, hunting, fishing,
and other recreational activities;
[(B)] (C) the extent to which acquisition of
the land or interest therein will facilitate
management efficiency; and
[(C)] (D) such other criteria as the
Secretary and the Secretary of Agriculture deem
appropriate.
(4) Basis of sale.--Any land acquired under this
section shall be--
(A) from a willing seller;
(B) contingent on the conveyance of title
acceptable to the Secretary, or the Secretary
of Agriculture in the case of an acquisition of
National Forest System land, using title
standards of the Attorney General;
(C) at a price not to exceed fair market
value consistent with applicable provisions of
the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(D) managed as part of the unit within which
it is contained.
(d) Contaminated Sites and Sites Difficult and Uneconomic To
Manage.--Funds in the Federal Land Disposal Account shall not
be used to purchase land or an interest in land that, as
determined by the Secretary or the Secretary of Agriculture--
(1) contains a hazardous substance or is otherwise
contaminated; or
(2) because of the location or other characteristics
of the land, would be difficult or uneconomic to manage
as Federal land.
(e) Land and Water Conservation Fund Act.--Funds made
available under this section shall be supplemental to any funds
appropriated under chapter 2003 of title 54, United States
Code.
[(f) Termination.--On termination of activities under section
205--
[(1) the Federal Land Disposal Account shall be
terminated; and
[(2) any remaining balance in the account shall
become available for appropriation under section 200303
of title 54, United States Code.]
SEC. 207. SPECIAL PROVISIONS.
(a) In General.--Nothing in this title provides an exemption
from any limitation on the acquisition of land or interest in
land under any Federal law in effect on the date of enactment
of this Act.
(b) Other Law.--This title shall not apply to land eligible
for sale under--
(1) Public Law [96-568] 96-586 (commonly known as the
``Santini-Burton Act'') (94 Stat. 3381)[; or];
(2) the Southern Nevada Public Land Management Act of
1998 ( Public Law 105-263; 112 Stat. 2343)[.];
(3) the White Pine County Conservation, Recreation,
and Development Act of 2006 (Public Law 109-432; 120
Stat. 3028);
(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);
(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law
111-11);
(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132
note; Public Law 111-11);
(7) section 2601 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1108); or
(8) section 2606 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1121).
(c) Exchanges.--Nothing in this title precludes, preempts, or
limits the authority to exchange land under authorities
providing for the exchange of Federal lands, including but not
limited to--
(1) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act of
1988 (102 Stat. 1086) or the amendments made by that
Act.
(d) No New Right or Benefit.--Nothing in this Act creates a
right or benefit, substantive or procedural, enforceable at law
or in equity by a party against the United States, its
agencies, its officers, or any other person.
* * * * * * *
[all]