S. 2569Senate109th Congress (2005-2007)In Committee

Action Plan for Public Lands and Education Act of 2005

A bill to authorize Western States to make selections of public land within their borders in lieu of receiving five per centum of the proceeds of the sale of public land lying within said States as provided by their respective Enabling Acts.

Introduced April 6, 2006

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

April 6, 2006

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SenateIntro Referral

Introduced in Senate

April 6, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S3230-3231)

April 6, 2006

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

April 6, 2006

Floor Debate

23 members

What members said about S. 2569 on the floor

13 Republicans9 Democrats1 Independent
John F. Kerry
Sen. John F. KerryD-MA · Apr 6, 2006

Mr. President, today Senator Smith and I are introducing ``The Fallen Heroes Family Savings Act'' that will help military families that have suffered a tragic loss. In recent years, the Congress has…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Apr 6, 2006

Mr. President, I am proud to join with Senators Specter, Kohl, DeWine and others on a new bill, the Oil and Gas Industry Antitrust Act of 2006, which includes, as its centerpiece, our NOPEC…

Kent Conrad
Sen. Kent ConradD-ND · Apr 6, 2006

Mr. President, I rise today to introduce a comprehensive energy bill, one that I call Breaking Our Long-Term Dependency, or the BOLD Energy Act. As President Bush has stated, our Nation is addicted…

Tom Coburn
Sen. Tom CoburnR-OK · Apr 6, 2006

Mr. President, today, along with Senators Barack Obama, Thomas Carper, and John McCain, I introduced legislation to create an online public database that itemizes Federal funding. The bill ensures…

Herb Kohl
Sen. Herb KohlD-WI · Apr 6, 2006

Mr. President, I rise today with Senator Specter to introduce the Oil and Gas Industry Antitrust Act of 2006. This legislation will make several important and overdue reforms to our antitrust laws to…

Show 8 more
Mike DeWine
Sen. Mike DeWineR-OH · Apr 6, 2006

Mr. President, I am proud to join as a co-sponsor of Senator Specter's Oil and Gas Industry Antitrust Act. This bill should help us curb the skyrocketing energy prices that have been an increasing…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Apr 6, 2006

Mr. President, I compliment the Senator from North Dakota for thinking boldly and focusing on an urgent need for our country. I look forward to studying his proposal and working with him, especially…

Arlen Specter
Sen. Arlen SpecterR-PA · Apr 6, 2006

Madam President, I am sending to the desk today legislation captioned as the ``Oil and Gas Industry Antitrust Act of 2006,'' legislation on behalf of myself and Senator DeWine, Senator Kohl, Senator…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Apr 6, 2006

Mr. President, I rise today to introduce the Cooperative Proliferation Detection, Interdiction Assistance, and Conventional Threat Reduction Act of 2006. This bill is based upon the legislation that…

Tom Harkin
Sen. Tom HarkinD-IA · Apr 6, 2006

Mr. President, our Nation faces a public health crisis of the first order. Poor diet and physical inactivity are contributing to growing rates of chronic disease in the U.S. These problems do not…

Barbara Boxer
Sen. Barbara BoxerD-CA · Apr 6, 2006

Mr. President, today I am introducing ``the Eastern Sierra Rural Heritage and Economic Enhancement Act,'' a bill that will provide protection for thousands of some of the most pristine, wild, and…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Apr 6, 2006

Mr. President, today I am introducing legislation, together with Senators Warner, Allen, Mikulski, Biden and Carper to designate the route of Captain John Smith's exploration of the Chesapeake Bay…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Apr 6, 2006

Mr. President, an excerpt from John Steinbeck's classic The Grapes of Wrath recounting the conditions preceding the great Dust Bowl is eerily similar to the conditions currently faced by the…

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James M. Jeffords
Sen. James M. JeffordsI-VT · Apr 6, 2006

Mr. President, I rise today to join my colleague from Vermont, Mr. Leahy, in introducing the Vermont Wilderness Act of 2006. This legislation designates 48,051 acres within the Green Mountain…

Ken Salazar
Sen. Ken SalazarD-CO · Apr 6, 2006

Mr. President, I rise today to speak about S. 2584, ``The Rocky Mountain Forest Insects Response Enhancement and Support Act,'' or ``Rocky Mountain FIRES Act,'' which I introduced earlier today. I am…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Apr 6, 2006

Mr. President, I rise to introduce the Pharmacist Access and Recognition in Medicare Act. I have enjoyed working closely with Chairman Cochran and Senator Talent on this bill that will help protect…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 6, 2006

Mr. President, I rise today to introduce a bill that would restore balance to a system that disadvantages education funding in the West. The Action Plan for Public Land and Education Act of 2006…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 6, 2006

Mr. President, I rise today to introduce a bill that would restore balance to a system that disadvantages education funding in the West. The Action Plan for Public Land and Education Act of 2006…

Larry E. Craig
Sen. Larry E. CraigR-ID · Apr 6, 2006

Mr. President, today I join Senator Akaka in introducing legislation that would provide a cost-of-living adjustment to the rates of disability compensation provided to our Nation's disabled veterans…

Barack Obama
Sen. Barack ObamaD-IL · Apr 6, 2006

Mr. President, Senator Lugar has already outlined the legislation that we are reintroducing here today and the process that has led us to this point, so I will be brief. I don't want my brevity to be…

Thad Cochran
Sen. Thad CochranR-MS · Apr 6, 2006

Mr. President, The Medicare prescription drug plan is a tremendous success with more than 27 million Medicare beneficiaries now enrolled in the program. Seniors are realizing significant decreases in…

Conrad R. Burns
Sen. Conrad R. BurnsR-MT · Apr 6, 2006

Mr. President, I come to the floor today to introduce the Aviation Consumer Protection Extension Act. The bill is a 1-year extension of section 145 of the Aviation and Transportation Security Act,…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Apr 6, 2006

America's service men and women continue to make the ultimate sacrifices for our Nation. In the tragic cases where brave soldiers, marines, airmen, and sailors lose their lives in support of…

Richard Burr
Sen. Richard BurrR-NC · Apr 6, 2006

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 6, 2006

II

109th CONGRESS

2d Session

S. 2569

IN THE SENATE OF THE UNITED STATES

April 6, 2006

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

A BILL

To authorize Western States to make selections of public land within their borders in lieu of receiving five per centum of the proceeds of the sale of public land lying within said States as provided by their respective Enabling Acts.

1.

Short title

This Act may be cited as the Action Plan for Public Lands and Education Act of 2005.

2.

Findings

The Congress finds as follows:

(1)

Western States, as a group, are falling behind in education funding as measured by growth of real per pupil expenditures from 1979 to 1998.

(2)

Eleven of the 12 States with the lowest real growth in per pupil expenditures are Western States.

(3)

The growth rate of real per pupil expenditures in the 13 Western States is less than half such rate in the 37 other States (28 percent versus 57 percent).

(4)

On effect of less funding for public education in the West is higher pupil-per-teacher ratios.

(5)

Ten of the twelve States with the largest pupil-per-teacher ratios are Western States.

(6)

On average, the 13 Western States have 3 more students per classroom than the 37 other States.

(7)

Over the next 10 years, the rate of enrollment growth is projected to be much higher in Western States than in other States.

(8)

On average, the rate of enrollment growth of Western States is projected to increase dramatically, while the rate of enrollment growth of other States is projected to actually decrease.

(9)

The State and local taxes of Western States as a percentage of personal income are as high as or higher than other States.

(10)

Despite the fact that Western States tax at a comparable rate and allocate as much of their budgets to public education as other States, Western States have lower real growth in per pupil expenditures and have higher pupil-per-teacher ratios.

(11)

The Federal Government is the source and potential solver of the problem because of the enormous amount of land the Federal Government owns in Western States.

(12)

All States east of an imaginery vertical line from Montana to New Mexico have, on average, 4.1 percent of their land federally owned, while the Western States on average have 51.9 percent of their land federally owned.

(13)

The Acts enabling the people of territories of the American West to form their constitutions and State governments and providing for the admission of such States into the Union on equal footing with the original States, included a common provision of which the following example is typical That five per centum of the proceeds of the sales of public land lying within said States, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State..

(14)

The plain language of these enabling acts proclaims that the public land shall be sold by the United States subsequent to the admission of the States into the Union.

(15)

The United States honored the foregoing language by selling public land within the Western States until the passage of the Federal Land Policy and Management Act of 1976, wherein Congress declared that the policy of the United States was to retain public land in Federal ownership and management.

(16)

The United States has broken its solemn compact with the Western States and breached its fiduciary duty to the school children who are designated beneficiaries of the sale of public land under the terms of the respective enabling Acts of the Western States.

(17)

The current shortfall in funding public education in the Western States requires immediate Congressional action to remedy the above-described discriminatory Federal land policy and prevent the further disadvantaging of the school children of the Western States.

(18)

The most efficient and cost effective remedy now available to the United States is to grant to the Western States 5 percent of the remaining federal land located within each State, authorizing each State to select such land from the unappropriated public land of the United States within the boundaries of said State as will satisfy the grant.

3.

Quantity Grants to Western States for Education Improvement

(a)

Quantity Land Grants

Instead of receiving, for the support of the common schools, 5 percent of the proceeds of the sales of federally owned land lying within the Western States which have not been sold by the United States as of July 1, 2005, grants of land are hereby made to the Western States. The amount of land granted to each State shall be equal to 5 percent of the number of acres of federally owned land within the State as of July 1, 2005.

(b)

Selection Process

(1)

In general

Each Western State shall select from the unappropriated public lands within the borders of the State in such manner as the legislature of the State may provide, land equal in acreage to five percent of the federally owned land in the State as of July 1, 2005.

(2)

Calculation of acreage and notification of state

The Secretary shall calculate the exact acreage of federally owned land in each Western State as of July 1, 2005, and designate the unappropriated public land, as defined herein, eligible for selection by the State. The Secretary shall communicate to each of the Western States the respective acreage calculation and designation of land eligible for selection not later than 1 year after the date of the enactment of this Act.

(c)

Application of Certain Law

Selection and transfer of land under this Act shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969.

(d)

Mineral and Oil and Gas Rights

(1)

In general

All mineral, oil, and gas rights to the land selected by the Western States under this Act shall become the property of the relevant Western State unless the Federal lessee of the selected land is making royalty payments to the United States from production of minerals, oil, or gas, whereupon the particular leasehold interest shall remain in the ownership of the United States until the leasehold interest terminates. After that termination, the mineral, oil, and gas rights shall become the property of the relevant Western State.

(2)

Selection of surface rights

Western States may select only the surface of eligible land if the land is located on subsurface mineral, oil, or gas deposits that are generating royalty payments to the United States. The entire mineral, oil, and gas estate shall become the property of the Western State upon termination of the Federal lease.

(e)

Permanent School Fund

All land selected by each of the Western States shall be held in trust by a State educational agency empowered to sell or lease such land, the proceeds of which shall be used as a permanent fund, the interest of which shall be expended only for the support of public education.

(f)

Definitions

In this Act:

(1)

The term Western States means Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming.

(2)

The term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as appropriate.

(3)

The term State educational agency means the agency of the State primarily responsible for the supervision of education.

(4)

The term federally owned land means all land held in the name of the United States or any agency thereof, including land held in trust, United States military reservations, Indian reservations, and any other land used for Federal purposes.

(5)

The term unappropriated public lands means any and all land under the management and control of the Bureau of Land Management or United States Forest Service, excluding land that is—

(A)

held in trust;

(B)

located within a United States military reservation;

(C)

a unit of the National Park System;

(D)

a Wildlife Refuge;

(E)

a Wilderness Area designated by Congress; or

(F)

a National Historic Site.