[House Report 116-639]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-639
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ADVANCING CONSERVATION AND EDUCATION ACT
_______
December 14, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 244]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 244) to maximize land management efficiencies,
promote land conservation, generate education funding, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 244 is to maximize land efficiencies,
promote land conservation, and generate education funding.
BACKGROUND AND NEED FOR LEGISLATION
Stemming from the General Land Ordinance of 1785 and the
Northwest Ordinance, Congress granted each new state certain
federal lands to be held in trust by that state for the sole
purpose of generating income for public institutions, in
particular for education. Today, there are approximately 46
million acres of state trust lands, predominantly in the West.
Many of these lands are contained within wilderness, national
park units, and other federal conservation areas.
Since state trust lands are managed to generate revenues
and maximize returns for public education, many state trust
land managers have a vested interest in exchanging lands within
federal conservation areas for lands with a higher revenue
potential. Conversely, federal land management agencies often
have a strong interest in acquiring state trust lands within
conservation areas to protect environmentally sensitive areas
and improve management efficiency.
H.R. 244 establishes a new mechanism for states to
relinquish state trust lands within federally designated
conservation areas in exchange for specified public lands
managed by the Bureau of Land Management (BLM) within the
state. Currently, the primary means of eliminating state trust
lands within federally designated conservation areas has been
through legislative land exchanges that are both time-consuming
and complicated. Some state trust land managers also oppose new
conservation designations that do not address state trust land
inholdings, creating a significant barrier for new
conservation-focused designations.
H.R. 244 facilitates the expedited removal of state trust
lands from federal conservation areas and is based on an
existing provision of federal law (43 U.S.C. 851) that allows
states to select other federal lands in lieu of state trust
lands that are encumbered by settlements or homesteads. The
bill expands this provision to apply to all state trust lands
in twelve western states\1\ and the State of Alaska that are
contained within federal conservation areas. Upon
relinquishment by the state, the lands would become a part of
the applicable conservation area.
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\1\The twelve western states are: Arizona, California, Colorado,
Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming.
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The legislation stipulates that the Secretary of the
Interior has the discretion to accept or reject state
applications and that all land exchanges must comply with
applicable laws, including the National Environmental Policy
Act of 1969 (NEPA). The bill also includes provisions that
address the valuation of mineral lands, as well as the
conveyance of mineral lands, mining claims, water rights, and
grazing permits.
COMMITTEE ACTION
H.R. 244 was introduced on January 4, 2019, by
Representative Chris Stewart (R-UT). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on National Parks, Forests, and
Public Lands. On June 18, 2020, the Subcommittee held a hearing
on the bill. On September 30, 2020, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered,
and the bill was adopted and ordered favorably reported to the
House of Representatives by unanimous consent.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 244: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on June 18,
2020.
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) of rule XIII
of the Rules of the House of Representatives and section 308(a)
of the Congressional Budget Act of 1974 and with respect to
requirements of clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee adopts
as its own cost estimate the forthcoming cost estimate of the
Director of the Congressional Budget Office, should such cost
estimate be made available before House passage of the bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to maximize land efficiencies,
promote land conservation, and generate education funding.
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.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
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