Overview
Title
To prohibit the Secretary of the Interior and the Secretary of Agriculture from transferring certain Federal land, and for other purposes.
ELI5 AI
H. R. 7430 says that special government people in charge of land can't give away big pieces of nature areas to others, unless it's a tiny piece or there's a special rule that says they can. This helps keep public lands safe and together.
Summary AI
H. R. 7430, known as the “Public Lands in Public Hands Act,” aims to prevent the Secretary of the Interior and the Secretary of Agriculture from transferring certain federally owned lands to non-federal entities. This prohibition applies specifically to publicly accessible tracts of land or land adjacent to such areas. However, there are exceptions to this rule, including small tracts of land and transfers authorized by specific existing laws. The bill also ensures that land cannot be divided into smaller sections to bypass these restrictions.
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AnalysisAI
General Summary of the Bill
The proposed bill, known as the "Public Lands in Public Hands Act," seeks to restrict the Secretaries of the Interior and Agriculture from transferring certain federal lands to non-federal entities. It specifically targets lands that are publicly accessible or contiguous with such areas. There are notable exceptions, including small tracts of land, certain authorized transfers under previous laws, and trades facilitated by federal law. Additionally, the bill prohibits any subdivision of federal land simply to meet these exceptions.
Summary of Significant Issues
A primary issue with the bill arises from its definitions and the ambiguity embedded within them. The term "publicly accessible tract" lacks clarity and could be interpreted variably, potentially leading to legal disputes. Furthermore, the language describing exceptions to the transfer prohibition, such as land accessible via a public waterway, is not well-defined, leaving room for legal complexity. Another area of concern is the bill's reference to multiple previous acts authorizing land transfers, which may not be comprehensively understood or consistent due to legislative amendments.
Impact on the Public
Broadly, this bill underscores a significant policy position on preserving federal lands under federal control, potentially preventing their privatization or use by state and local governments or organizations. For the general public, this might mean enhanced preservation of these lands as public resources, potentially benefiting tourism, recreation, and conservation efforts. However, the complexities and potential ambiguities within the bill could lead to legal battles and confusion about public land access and usage, which might disrupt public activities and engagement with these lands.
Impact on Specific Stakeholders
For federal agencies such as the Bureau of Land Management and the U.S. Forest Service, this legislation could create additional regulatory burdens and potentially limit their flexibility in managing land transfers that could serve broader community interests or environmental goals. Local governments and private organizations may experience constraints in collaborating with federal bodies to manage or develop certain lands, impacting local initiative projects and economic development opportunities associated with land use.
Conversely, environmental groups and advocates for public land conservation may view this bill as a positive step towards safeguarding public lands from privatization and ensuring these natural spaces remain accessible to future generations. These stakeholders may find comfort in the enacted restrictions, provided the associated ambiguities and implementation challenges are effectively managed.
In conclusion, while the "Public Lands in Public Hands Act" aims to keep federal lands under public control, its success will depend significantly on how clearly it resolves definitional ambiguities and manages the outlined exceptions. Its effects will be felt across various sectors, from public land governance to conservation and local economic development.
Issues
The prohibition on transferring Federal land to non-Federal entities as described in Section 3(a) might substantially affect the management of these lands and limit collaboration with state or local governments or private organizations that could offer beneficial stewardship. This could have significant political and legal implications, especially in regions where public land use is contested.
The definition of 'publicly accessible tract' in Section 2 may create ambiguity due to the lack of clarity regarding what constitutes access by a public road, trail, waterway, easement, or right-of-way. This could lead to differing interpretations and legal disputes over land accessibility.
Section 3(b)(2) lists several acts under which land transfer is authorized, but it may be unclear if these Acts are widely known or if there have been any amendments to them, leading to legal complexities and potential misuse or misunderstanding.
The exception in Section 3(b)(1)(A)(ii) regarding land 'less than 5 acres and accessible via a public waterway' is vague and could create legal challenges due to a lack of clear definition or criteria for access.
The limitation on subdividing Federal land in Section 3(c) does not address potential loopholes, such as conducting multiple transfers just below the minimum acreage, which could undermine the bill's intent and create legal and ethical challenges.
The statutory construction in Section 4 regarding the legal interpretation of 'stepping over a property corner' lacks clarity and may lead to unnecessary legal disputes or confusion regarding property lines on public lands, impacting land use and management.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it can be officially called the “Public Lands in Public Hands Act.”
2. Definitions Read Opens in new tab
Summary AI
In this Act, a "publicly accessible tract" refers to a piece of Federal land overseen by either the Secretary of the Interior or the Chief of the Forest Service that the public can enter using a public road, trail, waterway, easement, or right-of-way.
3. Restriction on transfer of certain Federal land Read Opens in new tab
Summary AI
The bill prohibits the transfer of federal land to non-federal entities if the land is publicly accessible or next to publicly accessible areas, with some exceptions. These exceptions include certain smaller parcels, previously authorized transfers under specific acts, federal law authorizations, and land exchanges. The Secretary is also restricted from subdividing land just to meet these acreage exceptions.
4. Statutory construction Read Opens in new tab
Summary AI
This section clarifies that nothing in this law should be used to affect or determine whether it's legal to cross over a property corner from one piece of public land to another.