< Back to S. 2568 (103rd Congress, 1993–1994)

Text of the Public Land Emancipation and Management Improvement Act

This bill was introduced on December 1, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 1, 1994 (Introduced).

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S 2568 IS

103d CONGRESS

2d Session

S. 2568

To enhance the management of public lands, reduce Federal expenditures associated with such lands, and empower States with respect to the ownership and control over lands that are or have been part of the public domain, and for other purposes.

IN THE SENATE OF THE UNITED STATES

December 1 (legislative day, SEPTEMBER 12), 1994

Mr. WALLOP introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To enhance the management of public lands, reduce Federal expenditures associated with such lands, and empower States with respect to the ownership and control over lands that are or have been part of the public domain, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be referred to as the ‘Public Land Emancipation and Management Improvement Act’.

    SEC. 2. Effective on January 1, 1998, all right, title, and interest in and to any real property owned by the United States that is or has been at any time part of the public domain, including, but not limited to, lands that have been withdrawn or disposed of and reacquired, is vested by operation of law in the State in which such property is located subject only to the limitations set forth in section 3 of this Act and any valid existing rights.

    SEC. 3. For the purposes of this Act, the definition of real property shall exclude--

      (a) any lands or interests therein owned by the United States as of January 1, 1998, within the exterior boundaries of any unit of the National Park System;

      (b) any lands or interests therein which the United States holds title to in trust for the benefit of a federally recognized Indian Tribe, a member thereof, or an individual allottee;

      (c) such lands as the President shall have identified for continued Federal retention, except that the total of all lands and interests therein identified pursuant to this subsection, when combined with any other lands or interests therein owned by the United States, excluding only lands included under subsection (b) or (d) of this section, may not exceed 20 percent of the total acreage within any given State; and

      (d) any lands or interests therein which the Governor of the State in which such lands are located does not wish to have transferred pursuant to this Act and which the Governor has identified in writing to the President prior to January 1, 1998 as not subject to transfer.

    SEC. 4. Not later than January 1, 1997, the President shall prepare a comprehensive inventory of all real property owned by the Federal Government within each of the several States and transmit such list to the Governor of each State and shall accompany such list with an identification of all real property which meets the requirements of subsection 3 (a) or (b) or which have been identified for continued Federal retention under subsection 3(c).

    SEC. 5. In the event that the identification of real property under section 3(c) exceeds 20 percent of the total acreage within a State, the Governor of the State may bring an action to modify the list of lands in any Federal district court within such State. Review shall be limited solely to whether the acreage exceeds 20 percent of the total acreage within the State. If the court concludes that the acreage contained in the listing prepared pursuant to subsection 3(c) does exceed 20 percent, then the court shall exclude such acreage as is necessary to reduce the total to no more than 20 percent. The acreage to be excluded shall be based solely on a priority list furnished by the Governor. The list shall be final and shall not be subject to any review or modification.

    SEC. 6. For the purpose of this Act, the term ‘State’ shall include the several States of the Union, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands.

    SEC. 7. The Federal Government shall remain strictly liable for the costs of any cleanup associated with hazardous materials or contamination associated with any lands transferred pursuant to this Act.