16 U.S.C. § 410aaa–77 — California State School lands

submitted 32 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 783 words · no verdicts yet

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The Secretary of the Interior must try to trade federal land in California for State School lands sitting inside new wilderness areas, monuments, and parks. Until that trade happens, the government generally can't sell off other surplus federal land in California without first offering it to the State for exchange. Military base closures are not affected.

(a) Negotiations to exchange. The Secretary must negotiate in good faith with the California State Lands Commission ("the Commission") to trade federal land for "State School lands" — land the State owns inside the wilderness areas, national monuments, off-highway vehicle areas, or park units this Act creates. The Secretary should reach a full agreement within 10 years of October 31, 1994, following the exchange rules in section 206 of the Federal Land Policy and Management Act of 1976. (b) Preparation of list. Within six months of October 31, 1994, the Secretary must send Congress a list covering: (1) the State School lands (including mineral rights) inside the new wilderness areas, monuments, and park units; (2) federal California land the Secretary thinks is suitable to offer in trade, in this order of priority — (A) land with unused mineral or geothermal potential, (B) Bureau of Reclamation land no longer needed for a project, and (C) other public land already found suitable for exchange; and (3) any other federal land in California that becomes surplus. The Secretary may leave off land next to tribal trust land. The Secretary must keep updating this list and send it to Congress every year until all the State School lands are acquired. (c) Disposal of surplus federal property. Starting October 31, 1994, and until all the State School lands are acquired, the government can't sell off federal land or interests in California unless: (A) the Secretary is told the land is available, (B) the Secretary tells the Commission it's available for exchange, and (C) the Commission doesn't ask, within six months, to consider trading for it. If the Commission does want to trade, the Secretary must move to finish that exchange as fast as possible. Once a deal is signed, the Secretary temporarily takes over administrative control of that land from whichever agency had it, just to complete the trade. Once all the State School lands are acquired — or the Commission says it's no longer interested — any leftover land goes back to the agency that originally managed it, to be disposed of under the normal rules for that land. (d) No effect on military base closures. None of this changes how property is disposed of under the military base-closure laws — the Defense Authorization Amendments and Base Closure and Realignment Act, and the Defense Base Closure and Realignment Act of 1990.

the actual law source: uscode.house.gov ↗public domain

(a) Negotiations to exchange

(1) In general

The Secretary shall negotiate in good faith to reach an agreement with the California State Lands Commission (referred to in this section as the “Commission”) to exchange Federal lands or interests therein on the list referred to in subsection (b)(2) for California State School lands or interests therein which are located within the boundaries of one or more of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act (hereinafter in this section referred to as “State School lands.”).

(2) Agreement

To the maximum extent practicable, not later than 10 years after October 31, 1994, the Secretary shall reach a land exchange agreement consistent with the requirements of section 206 of the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1716].

(b) Preparation of list

Within six months after October 31, 1994, the Secretary shall send to the Commission and to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a list of the following:

(1)

State School lands or interests therein (including mineral interests) which are located within the boundaries of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act.

(2)

Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following priority—

(A)

lands with mineral interests, including geothermal, which have the potential for commercial development but which are not currently under mineral lease or producing Federal mineral revenues;

(B)

Federal claims in California managed by the Bureau of Reclamation that the Secretary determines are not needed for any Bureau of Reclamation project; and

(C)

any public lands in California that the Secretary, pursuant to the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.], has determined to be suitable for disposal through exchange.

(3)

Any other Federal land, or interest therein, within the State of California, which is or becomes surplus to the needs of the Federal Government. The Secretary may exclude, in the Secretary’s discretion, lands located within, or contiguous to, the exterior boundaries of lands held in trust for a federally recognized Indian tribe located in the State of California.

(4)

The Secretary shall maintain such list and shall annually transmit such list to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the State School lands identified in paragraph (1) have been acquired.

(1)

Effective upon October 31, 1994, and until all State School lands identified in paragraph (b)(1) of this section are acquired, no Federal lands or interests therein within the State of California may be disposed of from Federal ownership unless—

(A)

the Secretary is notified of the availability of such lands or interest therein;

(B)

the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and

(C)

the Commission has not notified the Secretary within six months that it wishes to consider entering into an exchange for such lands or interests therein.

(2)

If the Commission notifies the Secretary that it wishes to consider an exchange for such lands or interests therein, the Secretary shall attempt to conclude such exchange in accordance with the provisions of this section as quickly as possible.

(3)

If an agreement is reached and executed with the Commission, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary shall be vested with administrative jurisdiction over such land or interests therein for the purpose of concluding such exchange.

(4)

Upon the acquisition of all State School lands or upon notice by the Commission to the Secretary that it no longer has an interest in such lands or interests therein, such lands or interests shall be released to the agency that originally had jurisdiction over such lands or interests for disposal in accordance with the laws otherwise applicable to such lands or interests.

(d) No effect on military base closures

The provisions of this section shall not apply to the disposal of property under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 102 Stat. 2627; 10 U.S.C. 2687 note) or the Defense Base Closure and Realignment Act of 1990 (Public Law 101–510; 104 Stat. 1808; 10 U.S.C. 2687 note).

Source credit: (Pub. L. 103–433, title VII, § 707, Oct. 31, 1994, 108 Stat. 4499; Pub. L. 116–9, title I, § 1456, Mar. 12, 2019, 133 Stat. 716.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-433 · 108 Stat. 4499
2019Amended · Pub. L. 116-9 · 133 Stat. 716

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-433 on 1994-10-31.

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