[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1038 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1038
To limit the acquisition by the United States of land located in a
State in which 25 percent or more of the land in that State is owned by
the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2003
Mr. Thomas (for himself, Mr. Enzi, Mr. Craig, Mr. Stevens and Mr.
Burns) introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To limit the acquisition by the United States of land located in a
State in which 25 percent or more of the land in that State is owned by
the United States.
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 ``No Net Loss of Private Land Act''.
SEC. 2. LIMITATION ON ACQUISITION OF LAND.
(a) In General.--Notwithstanding any other law, the United States
may acquire an interest in 100 or more acres of land within a State
described in subsection (c) only if, before any such acquisition, the
United States disposes of the surface estate to land in that State in
accordance with subsection (b).
(b) Disposition of Surface Estate.--The disposition of the surface
estate in land by the United States qualifies for the purposes of this
section if--
(1) the value of the surface estate of the land disposed of
by the United States is approximately equal to the value of the
interest in land subject to this section that is to be acquired
by the United States, as determined by the head of the
department, agency, or independent establishment concerned; and
(2) the head of the department, agency, or independent
establishment concerned certifies that the United States has
disposed of land for the purpose of this section.
(c) Affected States.--A State is described in this section if--
(1) it is 1 of the States of the United States; and
(2) 25 percent or more of the land within that State is
owned by the United States.
(d) Acquisition.--For the purpose of this section, the term
``acquire'' includes acquisition by donation, purchase with donated or
appropriated funds, exchange, devise, and condemnation.
(e) Applicability.--This section does not apply to--
(1) any land held in trust for the benefit of an Indian
tribe or individual or held by an Indian tribe or individual
subject to a restriction by the United States against
alienation;
(2) real property acquired pursuant to a foreclosure under
title 18, United States Code;
(3) real property acquired by any department, agency, or
independent establishment in its capacity as a receiver,
conserver, or liquidating agent which is held by that
department, agency, or independent establishment in its
capacity as a receiver, conserver, or liquidating agent pending
disposal;
(4) real property that is subject to seizure, levy, or lien
under the Internal Revenue Code of 1986; or
(5) real property that is securing a debt owed to the
United States.
(e) Waiver.--The head of a department, agency, or instrumentality
of the United States may waive the requirements of this section with
respect to the acquisition of land by that department, agency, or
instrumentality during any period in which there is in effect a
declaration of war or a national emergency declared by the President.
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