A bill to provide for the cession and conveyance to the States of certain federally owned lands and to establish policy, methods procedures, schedules, and criteria for such transfers.
Western Lands Distribution Act of 1979 - Title I: Short Title; Findings and Declaration of Policy; Definitions - States that the practice of retaining Federal ownership to territory within the borders of States located west of the one-hundredth meridian as a condition precedent to their admission into the Union, has impinged on the sovereignty of such States in derogation of the tenth amendment to the Constitution.
Declares that the United States shall hold all federally owned, unreserved, and unappropriated lands located within such States in trust for such States and shall transfer ownership and administration of such lands to such States when they have adopted legislation which provides a uniformity of State and Federal law relating to land administration, conservation and use. Excludes from transfer, in implementing such policy: (1) all Federal lands within national parks, forest, monuments and wildlife and migratory bird sanctuaries established prior to October 16, 1978; (2) lands within military reservations; (3) lands essential to the operation of and access to reclamation projects, United States highways, shipyards, docks, defense establishments, and other Federal buildings; and (4) certain lands within Alaska and Oregon.
Title II: Federal Land Transfer Board - Authorizes the Governor of any State seeking to acquire such unreserved and unappropriated lands to petition the President within 72 months of the enactment of this Act to establish a Federal Land Transfer Board for such State. Directs the President to establish such a Board consisting of State and Federal members within 90 days of the receipt of such an application. States that the Board shall serve until all conveyances of such lands within the State are carried out.
Requires each Federal Land Transfer Board to coordinate its activities with the State land commission established pursuant to this Act.
Directs each Board to carry out the required land transfers within two years of its determination that a State's application meets the requirements of this Act.
Empowers the Land Transfer Boards to resolve land claims and disputes arising from the implementation of this Act.
Grants any State aggrieved by a decision of a Land Transfer Board on its application the right to a public hearing and review before the Board. Empowers the United States courts of appeals to hear appeals from final orders of the Boards. States that judicial review shall be on the record made before the Board and that the Board's findings shall be conclusive if supported by substantial evidence. States that the judgment of the court of appeals shall be subject to review only by the United States Supreme Court upon a writ of certiorari or certification.
Title III: State Land Commissions - Requires each State seeking the conveyance of unreserved and unappropriated land under this Act to establish a State land commission board to: (1) hold any transferred lands in trust for all people of the United States; (2) manage such lands to maximize conservation and permit compatible land uses; (3) protect the interests of persons who have acquired rights in such land under Federal law; (4) collect fees, rents, and royalties, issue licenses, conduct surveys, and perform other administrative functions relating to such lands; (5) transfer to the United States those property interests necessary to continue lawful Federal activities; and (6) continue to administer lands previously administered by the United States pursuant to a treaty or interstate compact in conformance with the terms of such treaty or compact.
Directs each State land commission board to coordinate its activities with the appropriate Federal Land Transfer Board.
Title IV: Miscellaneous - Declares that the United States shall retain control over the oceans, seas, navigable rivers, streams, and lakes, and projects of the Corps of Engineers and Bureau of Reclamation.
Directs the President to modify agreements with other nations if necessary to implement this Act.
Grants the consent of Congress to any interstate compact relating to the management and use of such lands if it has been approved by the appropriate Federal Land Transfer Boards.
Sets forth provisions to assist individuals whose employment is disrupted by implementation of this Act.
Authorizes each Federal agency with jurisdiction over lands conveyed to a State under this Act, to extend low interest loans to such State to insure that it is financially able to comply with the provisions of this Act. Limits the amount of such loans to the amount of anticipated mineral, timber, and grazing revenues derived from such transferred lands over a ten-year period.
Directs the Secretary of the Interior: (1) within one year, to convey to specified Alaska Native Corporations and groups the lands they selected to fulfill their entitlement under the Alaska Native Claims Settlement Act; and (2) within two years, to convey to the State of Alaska the lands the State selected under the Alaska Statehood Act.
Permits the Secretary to base any conveyance under this Act on protraction diagrams in lieu of field surveys.
Authorizes appropriations to carry out the provisions of this Act.
Introduced in House
Introduced in House
Referred to House Committee on Interior and Insular Affairs.
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