Sec. 5. Process

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Not later than 540 days after the date of the enactment of this Act and in accordance with this section, the Secretary shall promulgate regulations establishing a process by which the western States may request the relinquishment of State land grant parcels wholly or partially within eligible areas and select public land in exchange for the State land grant parcels. Except as provided in section 8(c), the process established by the Secretary under this section shall ensure that the relinquishment of State land grant parcels and the conveyance of 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 public land under this Act in accordance with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 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 public land under this Act, if the western State has indicated an unwillingness to consider State land grant parcels for relinquishment or public land for acquisition (other than the State land grant parcels and public land described in the proposed agency action), 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 agreements with any of the western States to facilitate processing of applications and conveyance of selected land. On completion of a preapplication process that includes identification of land to be conveyed, the Secretary and the western State may enter into a nonbinding agreement that includes— a time schedule for completing the conveyances; an assignment of responsibility for performance of required functions and for costs associated with processing the conveyances; and a statement specifying whether assumption of costs will be allowed pursuant to section 8(d).

The Secretary— shall issue a final determination on an application not later than 3 years after the date 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 public land that in the judgment of the Secretary— is not reasonably compact and consolidated; will create significant management conflicts with respect to the management of adjacent Federal land; will significantly adversely affect public use of a recreation site or recreation area eligible for the collection of recreation fees under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq.) or other authority; will significantly adversely affect public access, hunting, fishing, recreational shooting, outdoor recreation, or result in adverse impacts to critical fish and wildlife habitat; or is not in the public interest, as determined under 43 Code of Federal Regulations 2200.0–6(b), as in effect on the date of enactment of this Act; shall not accept any State land grant parcels that, in the judgment of the Secretary, are not suitable for inclusion in the applicable unit described in subparagraphs

(A)through

(G)of section 3(2) in which the land is located; 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 public land proposed for conveyance to a western State; shall, prior to approving an application— consult, in accordance with Federal law, with any Indian tribe affected by the subject of the application, including any Indian tribe that notifies the Secretary that there is traditional cultural property located within the public land proposed for conveyance to the western State; and if the Secretary determines that traditional cultural property is located within the public land proposed for conveyance to the western State, consider the extent to which protection would be available for the traditional cultural property after conveyance of the public land to the western State, including terms or conditions that the Secretary, with the agreement of the western State, may impose on the conveyance of the public land to the western State; may reject an application in whole or in part if the Secretary, after consideration of available protection for traditional cultural property located within the public land proposed for conveyance to the western State pursuant to paragraph (6)(B), determines that insufficient protection would be available for the traditional cultural property after conveyance of the public land to the western State; shall, for applications by a western State for the conveyance of a parcel of public land that will result in significantly diminished public access to adjacent Federal land— reject that portion of the application; or reserve a right-of-way through the public land to be conveyed ensuring continued public access to adjacent Federal land; and shall convey any public land approved for selection not later than 1 year after entering into a final agreement between the Secretary and the western State on the land to be conveyed, subject to such other terms and conditions as may be appropriate. All costs of conveyances under this Act, including appraisals, surveys, and related costs, shall be paid equally by the Secretary and the western State. The Federal agency that receives State land in a conveyance under this Act shall assume the Federal share of administrative costs, including appraisals, surveys, and related costs, unless otherwise agreed to by the heads of the respective agencies. The conveyance of any State land grant parcel under this Act shall— be by patent or deed acceptable to the Secretary; and not be considered an exchange or acquisition for purposes of sections 205 and 206 of FLPMA ( 43 U.S.C. 1715 , 1716). 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 public land by the United States shall— not be considered a sale, exchange, or conveyance under section 203, 206, or 209 of FLPMA ( 43 U.S.C. 1713 , 1716, and 1719); and include such terms or conditions as the Secretary may require.

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Sec. 5

Process

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