Sec. 3. Relinquishment and selection; conveyance
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Subject to valid existing rights, if the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value. Not later than 180 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. Nothing in this subsection precludes the Secretary from conducting an environmental review of any parcel proposed for relinquishment under paragraph
(1)if the Secretary determines that an environmental review is appropriate. Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. Conveyance of unappropriated Federal land by the Secretary under this Act— shall be by patent or deed in a form acceptable to the State and the Secretary; and shall not be considered a sale, exchange, or conveyance for purposes of section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 , 1715, 1716, 1719). As consideration for the conveyance of unappropriated Federal land under paragraph (1), on the date on which the unappropriated Federal land is conveyed to the State, the State shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1). The State shall convey to the Secretary title, free of any financial claims, liabilities, or other financial encumbrances, to all parcels relinquished under subparagraph (A). Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1715 , 1716). Each party to which land is conveyed under this Act shall, to the fullest extent allowable under Federal and State law, succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be— taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and considered to be a part of the reservation of the Indian Tribe. Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with affected Indian Tribes, including the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments) and other applicable laws. Subject to valid rights in existence on the date of enactment of this Act, all unappropriated Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. The date referred to in paragraph
(1)is the date on which, as applicable— the unappropriated Federal land is conveyed by the Secretary to the State; the Secretary rejects the selection under subsection (a)(2); or the State withdraws the selection.
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