Sec. 5. Process
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Not later than one year after the date of the enactment of this Act and in accordance with this section, the Secretary shall create a process by which the western States may request the relinquishment of State land grant parcels inside Federal conservation areas and select unappropriated public lands in exchange therefor. The process established by the Secretary under this section shall ensure that the relinquishment of State land grant parcels and the conveyance of unappropriated public land is concurrent.
Prior to accepting or conveying any land under this Act, the Secretary shall provide public notice and an opportunity to comment on the proposed conveyances between the western State and the United States. Except as otherwise provided in this subsection, the Secretary shall acquire State land grant parcels and convey unappropriated public land under this Act in accordance with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ); and other applicable laws.
In preparing an environmental assessment or environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for the acquisition of State land grant parcels and the conveyance of unappropriated public land under this Act, the Secretary is not required to study, develop, and describe more than— the proposed agency action; and the alternative of no action. The Secretary is authorized to enter into cooperative agreements with any of the western States to facilitate processing of applications and conveyance of selected lands.
The Secretary— shall issue a final determination on an application not later than three years after a western State submits that application to the Secretary; may approve an application in whole or in part, or as modified by the Secretary as necessary to balance the equities of the States and interest of the public; shall not accept an application under this Act for selection of any parcel of unappropriated public land that in the judgment of the Secretary— is not reasonably compact and consolidated; or will create significant management conflicts with respect to the management of adjacent Federal land; shall not accept any State land grant parcels that, in the judgment of the Secretary, are not suitable for inclusion in a Federal conservation area; shall, prior to approving an application, consult with the head of any Federal agency with jurisdiction over Federal land— within which a western State proposes to relinquish a State land grant parcel; or that is adjacent to unappropriated public land proposed for conveyance to a western State; and shall convey any Federal lands approved for selection not later than 90 days after entering into a final agreement between the Secretary and the western State on the lands to be conveyed, subject to such other terms and conditions as may be appropriate.
The conveyance of any State land grant parcel under this Act shall be by patent or deed acceptable to the Secretary. The Secretary of Agriculture shall concur in any determination to accept the conveyance of a State land grant parcel within the boundaries of any unit of the National Forest System. The conveyance of unappropriated public land by the United States shall include such terms and conditions as the Secretary may require.
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