
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410aaa-77]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
      SUBCHAPTER LIX-Y--CALIFORNIA DESERT LANDS PARKS AND PRESERVE
 
                    Part D--Miscellaneous Provisions
 
Sec. 410aaa-77. California State School lands


(a) Negotiations to exchange

    Upon request of the California State Lands Commission (hereinafter 
in this section referred to as the ``Commission''), the Secretary shall 
enter into negotiations for an agreement to exchange Federal lands or 
interests therein on the list referred to in subsection (b)(2) of this 
section for California State School lands or interests therein which are 
located within the boundaries of one or more of the wilderness areas or 
park system units designated by this Act (hereinafter in this section 
referred to as ``State School lands.''). The Secretary shall negotiate 
in good faith to reach a land exchange agreement consistent with the 
requirements of section 206 of the Federal Land Policy and Management 
Act of 1976 [43 U.S.C. 1716].

(b) Preparation of list

    Within six months after October 31, 1994, the Secretary shall send 
to the Commission and to the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Natural Resources of 
the United States House of Representatives a list of the following:
        (1) State School lands or interests therein (including mineral 
    interests) which are located within the boundaries of the wilderness 
    areas or park system units designated by this Act.
        (2) Lands within the State of California under the jurisdiction 
    of the Secretary that the Secretary determines to be suitable for 
    disposal for exchange, identified in the following priority--
            (A) lands with mineral interests, including geothermal, 
        which have the potential for commercial development but which 
        are not currently under mineral lease or producing Federal 
        mineral revenues;
            (B) Federal claims in California managed by the Bureau of 
        Reclamation that the Secretary determines are not needed for any 
        Bureau of Reclamation project; and
            (C) any public lands in California that the Secretary, 
        pursuant to the Federal Land Policy and Management Act of 1976 
        [43 U.S.C. 1701 et seq.], has determined to be suitable for 
        disposal through exchange.

        (3) Any other Federal land, or interest therein, within the 
    State of California, which is or becomes surplus to the needs of the 
    Federal Government. The Secretary may exclude, in the Secretary's 
    discretion, lands located within, or contiguous to, the exterior 
    boundaries of lands held in trust for a federally recognized Indian 
    tribe located in the State of California.
        (4) The Secretary shall maintain such list and shall annually 
    transmit such list to the Committee on Energy and Natural Resources 
    of the United States Senate and the Committee on Natural Resources 
    of the United States House of Representatives until all of the State 
    School lands identified in paragraph (1) have been acquired.

(c) Disposal of surplus Federal property

    (1) Effective upon October 31, 1994, and until all State School 
lands identified in paragraph (b)(1) of this section are acquired, no 
Federal lands or interests therein within the State of California may be 
disposed of from Federal ownership unless--
        (A) the Secretary is notified of the availability of such lands 
    or interest therein;
        (B) the Secretary has notified the Commission of the 
    availability of such lands or interests therein for exchange; and
        (C) the Commission has not notified the Secretary within six 
    months that it wishes to consider entering into an exchange for such 
    lands or interests therein.

    (2) If the Commission notifies the Secretary that it wishes to 
consider an exchange for such lands or interests therein, the Secretary 
shall attempt to conclude such exchange in accordance with the 
provisions of this section as quickly as possible.
    (3) If an agreement is reached and executed with the Commission, 
then upon notice to the head of the agency having administrative 
jurisdiction over such lands or interests therein, the Secretary shall 
be vested with administrative jurisdiction over such land or interests 
therein for the purpose of concluding such exchange.
    (4) Upon the acquisition of all State School lands or upon notice by 
the Commission to the Secretary that it no longer has an interest in 
such lands or interests therein, such lands or interests shall be 
released to the agency that originally had jurisdiction over such lands 
or interests for disposal in accordance with the laws otherwise 
applicable to such lands or interests.

(d) No effect on military base closures

    The provisions of this section shall not apply to the disposal of 
property under title II of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526; 102 Stat. 2627; 10 
U.S.C. 2687 note) or the Defense Base Closure and Realignment Act of 
1990 (Public Law 101-510; 104 Stat. 1808; 10 U.S.C. 2687 note).

(Pub. L. 103-433, title VII, Sec. 707, Oct. 31, 1994, 108 Stat. 4499.)

                       References in Text

    This Act, referred to in subsecs. (a) and (b)(1), is defined in 
section 410aaa-81 of this title.
    The Federal Land Policy and Management Act of 1976, referred to in 
subsec. (b)(2)(C), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as 
amended, which is classified principally to chapter 35 (Sec. 1701 et 
seq.) of Title 43, Public Lands. For complete classification of this Act 
to the Code, see Short Title note set out under section 1701 of Title 43 
and Tables.
    The Defense Authorization Amendments and Base Closure and 
Realignment Act, referred to in subsec. (d), is Pub. L. 100-526, Oct. 
24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set out as 
a note under section 2687 of Title 10, Armed Forces. For complete 
classification of this Act to the Code, see Short Title of 1988 
Amendment note set out under section 2687 of Title 10 and Tables.
    The Defense Base Closure and Realignment Act of 1990, referred to in 
subsec. (d), is part A of title XXIX of div. B of Pub. L. 101-510, Nov. 
5, 1990, 104 Stat. 1808, as amended, which amended section 2687 of Title 
10 and enacted provisions set out as a note under section 2687 of Title 
10.

                         Change of Name

    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.
