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                                                       Calendar No. 115
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-61

======================================================================



 
       FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 368]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 368) to reauthorize the Federal Land 
Transaction Facilitation Act, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:

    On page 2, strike lines 5 through 10 and insert the following:
                  (A) in subsection (a), by striking ``(as in effect on 
                the date of enactment of this Act)''; and
                  (B) by striking subsection (d);

                                Purpose

    The purpose of S. 368, as ordered reported, is to 
reauthorize the Federal Land Transaction Facilitation Act.

                          Background and Need

    Congress enacted the Federal Land Transaction and 
Facilitation Act (FLTFA) in 2000 as Title II of the Valles 
Caldera Preservation Act (Public Law 106-248). FLTFA authorizes 
the Bureau of Land Management (BLM) to sell public lands 
identified for disposal through the land use planning process 
prior to July 2000 and to retain the proceeds from the sales in 
a special account set up in the Treasury, to be available 
without further appropriation. The funds in that account are 
used to buy inholdings within Federally-designated areas in the 
same State, including BLM, National Park Service, Fish and 
Wildlife Service, and Forest Service areas. The authorization 
for FLTFA expired on July 25, 2011.
    Since the enactment of FLTFA in 2000, the BLM has used the 
FLTFA authority to sell 309 parcels previously identified for 
disposal, totaling 29,437 acres, with a total value of 
approximately $113.4 million. During the same time period, the 
Federal government has acquired 28 parcels totaling 16,738 
acres, with a total value of approximately $43.8 million. An 
additional 11 parcels, totaling 1,282 acres and valued at 
approximately $23 million, have been approved for acquisition.
    The original authorization for FLTFA expired on July 25, 
2010. The law was reauthorized for an additional year in 
section 3007 of Public Law 111-212, the FY 2010 Supplemental 
Appropriations Act. However, because the reauthorization was 
signed into law on July 29, 2010, four days after the FLTFA 
expiration date, approximately $50 million in the FLTFA special 
account that was to be used for land acquisition was instead 
deposited into the Treasury.
    The authority for FLTFA terminated on July 25, 2011. As 
ordered reported, S. 368 would permanently reauthorize the 
program.

                          Legislative History

    S. 368 was introduced by Senator Heinrich and others on 
February 14, 2013. The bill has 8 co-sponsors. A hearing was 
held on S. 368 by the Subcommittee on Public Lands, Forests, 
and Mining on April 25, 2013. At its business meeting on May 
16, 2013, the Committee reported the bill favorably with 
amendment.
    Similar legislation, S. 714, was introduced by Senator 
Bingaman and others in the 112th Congress. The Subcommittee on 
Public Lands and Forests held a hearing on S. 714 on May 25, 
2011 (S. Hrg. 112-131). At its business meeting on July 14, 
2011, the Committee on Energy and Natural Resources ordered S. 
714 favorably reported with an amendment. During the 111th 
Congress, the Committee considered similar legislation, S. 
1787, also sponsored by Senator Bingaman. The Subcommittee on 
Public Lands and Forests held a hearing on S. 1787 on December 
17, 2009 (S. Hrg. 111-364). The Committee on Energy and Natural 
Resources considered the bill and adopted amendments at its 
business meeting on June 16, 2010. The Committee ordered S. 
1787 favorably reported, as amended, at its business meeting on 
June 21, 2010 (S. Rept. 111-260).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 368, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 368, the Committee adopted 
an amendment to permanently authorize the program and to make 
any lands identified for disposal in applicable BLM land 
management plans eligible for consideration under FLPMA.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Federal Land 
Transaction Facilitation Act Reauthorization of 2013''.
    Section 2(1) amends section 203(2) of FLTFA (Public Law 
106-248) to make any federally designated area (as defined in 
section 103(o) of the Federal Land Policy and Management Act of 
1976) eligible for FLTFA funds, regardless of when the area was 
established.
    Section 2(2) section 205 of FLTFA by allowing any Federal 
lands identified for disposal in approved land use plans as of 
the date of enactment of this Act to be eligible for sale under 
FLTFA. As originally enacted, only lands identified for 
disposal as of July 2000 were eligible for sale under FLTFA. 
The section eliminates the original sunset provision for the 
authorization for FLTFA through July 25, 2021.
    Section 2(3) strikes subsection (f) of section 206 of 
FLTFA, which requires that any remaining balance in the FLTFA 
special account be available for appropriation under the Land 
and Water Conservation Fund when FLTFA's authorization ends.
    Section 2(4) makes technical and conforming changes to 
section 207(b) of FLTFA, and amends section 207(b) to include 
the White Pine County Conservation, Recreation, and Development 
Act of 2006, the Lincoln County Conservation, Recreation, and 
Development Act of 2004, and several subtitles and sections 
from the Omnibus Public Land Management Act of 2009 to clarify 
that those lands remain eligible for sale under separate laws 
and that the FLTFA provisions will not apply.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 368--Federal Land Transaction Facilitation Act Reauthorization of 
        2013

    Summary: S. 368 would reauthorize the Federal Land 
Transaction Facilitation Act (FLTFA) to allow certain federal 
agencies to spend, without further appropriation, proceeds from 
the sale of land administered by the Bureau of Land Management 
(BLM) to purchase inholdings (privately held land surrounded by 
federal land). Based on information provided by BLM, CBO 
estimates that enacting the legislation would increase both the 
proceeds from the sale of federal property and the spending of 
sale proceeds. On balance, CBO estimates that enacting the 
legislation would yield a small net reduction in direct 
spending of $5 million over the 2014-2023 period--primarily 
because spending would lag behind collections over the next 10 
years. Because S. 368 would affect direct spending, pay-as-you-
go procedures apply. Enacting the legislation would not affect 
revenues.
    S. 368 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 368 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, in millions of dollars--
                                                        ------------------------------------------------------------------------------------------------
                                                          2014   2015   2016   2017   2018   2019    2020    2021    2022    2023   2014-2018  2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Proceeds from Sale of Propertya:
    Estimated Budget Authority.........................     -2     -3     -4     -5     -6      -8     -10     -12     -14     -16       -20        -80
    Estimated Outlays..................................     -2     -3     -4     -5     -6      -8     -10     -12     -14     -16       -20        -80
Spending of Sales Proceeds:
    Estimated Budget Authority.........................      3      4      5      6      7       9      11      13      15      17        25         90
    Estimated Outlays..................................      2      3      4      5      6       7       9      11      13      15        20         75
    Total Changes:
        Estimated Budget Authority.....................      1      1      1      1      1       1       1       1       1       1         5         10
        Estimated Outlays..............................      0      0      0      0      0      -1      -1      -1      -1      -1         0        -5
--------------------------------------------------------------------------------------------------------------------------------------------------------
a. The amounts of sale proceeds shown in the table reflect expected increases in collections under S. 368. In addition, CBO estimates that the Bureau of
  Land Management will collect $10 million over the 2014-2023 period for such sales under current law.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted late in 2013.
    Under current law, proceeds from the sale of BLM land are 
deposited in the Treasury as offsetting receipts (which are 
treated as reductions in direct spending). CBO estimates that 
such proceeds will total $10 million over the 2014-2023 period. 
Because, under the bill, BLM could spend those proceeds to pay 
for administrative costs associated with land sales, CBO 
estimates that implementing the legislation would lead to more 
sales, thus proceeds (relative to current law) would increase 
by $80 million over the next 10 years. Overall, we estimate 
that gross proceeds from the sale of BLM land would total 
around $90 million over 2014-2023 period.
    CBO estimates, however, that annual proceeds from the sale 
of BLM land over the next 10 years would be lower (on average) 
than historical collections under FLTFA, which expired in 2011. 
Over the 2001-2011 period, proceeds under the program totaled 
roughly $120 million, with most of that amount generated by 
sales near urban areas in Nevada and Arizona in 2006 and 2007. 
Because the amount of future proceeds is related to economic 
conditions in those areas, we expect that gross proceeds in the 
future would be significantly lower, although they would 
increase over the 10-year period as additional sales take place 
near those urban areas.
    Because the bill would authorize four land-management 
agencies (BLM, the U.S. Fish and Wildlife Service, the National 
Park Service, and the Forest Service) to spend, without further 
appropriation, proceeds from the sale of BLM land, including 
amounts expected to be collected under current law, CBO also 
estimates that implementing the legislation would increase 
direct spending over the 2014-2023 period. Based on the 
historical rate of spending for the FLTFA program and for other 
federal land acquisition activities, CBO expects that those 
agencies would spend $75 million over the 2014-2023 period, 
resulting in a net reduction in direct spending of $5 million 
over that period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 368 would reduce direct spending; therefore, pay-
as-you-go procedures apply. The budgetary changes that are 
subject to pay-as-you-go procedures are shown in the following 
table.

   CBO ESTIMATE OF PAY-AS-YOU-GO-EFFECTS FOR S. 368, THE FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION ACT OF 2013, AS ORDERED REPORTED BY THE
                                            SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 By fiscal year, in millions of dollars--
                                                --------------------------------------------------------------------------------------------------------
                                                  2013   2014   2015   2016   2017   2018    2019    2020    2021    2022    2023   2013-2018  2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.................      0      0      0      0      0       0      -1      -1      -1      -1      -1         0         -5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 368 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimated approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 368.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 368, as ordered reported.

                   Congressionally Directed Spending

    S. 368, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management at 
the April 25, 2013, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 368 follows:

  Statement of Jamie Connell, Acting Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for the opportunity to testify on S. 368, the 
Federal Land Transaction Facilitation Act (FLTFA) 
Reauthorization. The Administration strongly supports S. 368 
and encourages the Congress to move swiftly to reauthorize the 
FLTFA. Over the past decade, the Department of the Interior has 
made a number of important acquisitions using the FLTFA's 
provisions. Reauthorization of the FLTFA will allow us to 
continue to use this critical tool for enhancing our Nation's 
treasured landscapes.


                               background


    Congress enacted the FLTFA in July of 2000 as Title II of 
Public Law 106-248. The FLTFA expired on July 25, 2011. Under 
the FLTFA, the Bureau of Land Management (BLM) could sell 
public lands identified for disposal through the land use 
planning process prior to July 2000, and retain the proceeds 
from those sales in a special account in the Treasury. The BLM 
and the other Federal land managing agencies were then able to 
use those funds to acquire, from willing sellers, inholdings 
within certain federally designated areas and lands that are 
adjacent to those areas that contain exceptional resources. 
Lands were able to be acquired within and/or adjacent to areas 
managed by the National Park Service (NPS), the U.S. Fish and 
Wildlife Service (FWS), the U.S. Forest Service (FS), and the 
BLM. Over the life of the FLTFA, approximately 27,200 acres 
were sold under this authority and approximately 18,100 acres 
of high resource value lands were acquired.
    The President's fiscal year 2014 Budget includes a proposal 
to permanently reauthorize FLTFA, and allow lands identified as 
suitable for disposal in recent land use plans to be sold using 
the FLTFA authority. FLTFA sales revenues would continue to be 
used to fund the acquisition of environmentally sensitive lands 
and the administrative costs associated with conducting sales.
    The 1976 Federal Land Policy and Management Act (FLPMA) 
provides clear policy direction to the BLM that public lands 
should generally be retained in public ownership. However, 
section 203 of FLPMA allows the BLM to identify lands as 
potentially available for disposal if they meet one or more of 
the following criteria:
           Lands consisting of scattered, isolated 
        tracts that are difficult or uneconomic to manage; or
           Lands that were acquired for a specific 
        purpose and are no longer needed for that purpose; or
           Lands that could serve important public 
        objectives, such as community expansion and economic 
        development, which outweigh other public objectives and 
        values that could be served by retaining the land in 
        Federal ownership.
    The BLM identifies lands that may be suitable for disposal 
through its land use planning process, which involves full 
public participation. Before the BLM can sell, exchange, or 
otherwise dispose of these lands, however, it must undertake 
extensive environmental impact analyses, clearances, surveys, 
and appraisals for the individual parcels.
    Before the enactment of the FLTFA, the BLM had the 
authority under FLPMA to sell lands identified for disposal. 
The proceeds from those sales were deposited into the General 
Fund of the Treasury. However, because of the costs associated 
with those sales (including environmental and cultural 
clearances, appraisals, and surveys), few sales were 
undertaken. Rather, the BLM relied largely on land exchanges to 
adjust land tenure. This can often be a less efficient process.
    Once the FLTFA was enacted, the BLM developed guidance, 
processes, and tools to complete the FLTFA land sales. Working 
cooperatively, the BLM, NPS, FWS, and FS then developed 
guidance, processes, and tools for subsequent FLTFA land 
acquisitions. The BLM markedly increased sales under the 
program; however market conditions in the later years led to 
less robust sales.
    Since it was enacted, the BLM utilized FLTFA to sell 330 
parcels previously identified for disposal totaling 27,249 
acres, with a total value of approximately $117.4 million. Over 
the same time period, the Federal government acquired 37 
parcels totaling 18,535 acres, with a total value of 
approximately $50.4 million using FLTFA authority.
    Some lands identified for disposal and sold through the 
FLTFA process were high-value lands in the urban interface. For 
example, in 2007 the BLM in Arizona sold at auction a 282-acre 
parcel in the suburban Phoenix area for $7 million. However, 
many of the lands the BLM identified for disposal prior to July 
2000 that are eligible under FLTFA are isolated or scattered 
parcels in remote areas with relatively low value. Frequently, 
there is limited interest in acquiring these lands, and the 
costs of preparing them for sale may exceed their market value.
    Since the inception of the FLTFA, the BLM deposited $112.8 
million into the Federal Land Disposal Account. That figure 
represents 96% of the total revenues from these sales. 
Approximately $4.7 million was transferred to the states in 
which the sales originated, as provided for in individual 
Statehood Acts (typically 4% of the sale price).
    Using the FLTFA proceeds, the BLM, NPS, FWS, and FS 
acquired significant inholdings and adjacent lands from willing 
sellers, consistent with the provisions of the Act. For 
example, in November 2009 the BLM used FLTFA funds to complete 
the acquisition of 4,573 acres within the BLM's Canyons of the 
Ancients National Monument in southwest Colorado. These 
inholdings encompass 25 documented cultural sites, and 
archaeologists expect to record an additional 700 significant 
finds. The acquisition also included two particularly important 
areas: ``Jackson's Castle,'' which is archaeologically 
significant; and the ``Skywatcher Site,'' a one-of-a-kind, 
1,000-year-old solstice marker. The following are a few 
additional examples of important FLTFA acquisitions:
           Elk Springs Area of Critical Environmental 
        Concern (ACEC), New Mexico/BLM--This 2,280-acre 
        acquisition protects critical elk wintering habitat.
           Hells Canyon Wilderness, Arizona/BLM--A 640-
        acre parcel constituting the last inholding within the 
        Hells Canyon Wilderness, located just 25 miles 
        northwest of Phoenix.
           Grand Teton National Park, Wyoming/NPS--This 
        small (1.38 acres), but critical inholding within the 
        Park was acquired and protected from development.
           Zion National Park, Utah/NPS--A combination 
        of FLTFA and Land and Water Conservation Fund monies 
        were used to acquire two 5-acre inholdings that 
        overlook some of the Park's outstanding geologic 
        formations. These areas were previously target for 
        development.
           Nestucca Bay National Wildlife Refuge, 
        Oregon/FWS--This 92-acre dairy farm on the outskirts of 
        Pacific City, Oregon, was slated for residential 
        development and was acquired to protect a significant 
        portion of the world's population of the Semidi Islands 
        Aleutian Cackling Goose.
           Six Rivers National Forest, California/FS--
        Over 4,400 acres were acquired within the Goose Creek 
        National Wild and Scenic River corridor, preserving 4 
        miles of the river known for dense stands of Douglas 
        fir, redwoods, and Port Orford cedar.


                                 s. 368


    S. 368 would both reauthorize and enhance the original 
FLTFA through four major changes. First, the bill extends the 
program to July 2021. The Department recommends eliminating the 
sunset altogether to enable the BLM to plan for and implement 
this program on a longer-term basis.
    Second, under the original FLTFA, only lands identified for 
disposal prior to July 25, 2000, were eligible to be sold. S. 
368 modifies that restriction by allowing any lands identified 
for disposal through the BLM's land use planning process by the 
date of enactment of S. 368 to be sold through the FLTFA 
process. The Department supports this change, which recognizes 
the usefulness and importance of the BLM's land use planning 
process. However, we would recommend eliminating this 
restriction rather than simply moving the date forward.
    The BLM currently oversees the public lands through 157 
Resource Management Plans (RMPs). Since 2000, the BLM has 
completed over 75 RMP revisions and major plan amendments. 
Additionally, the BLM is currently involved in planning efforts 
on 57 new RMPs, all of which the agency expects to complete 
within the next three to four years. Planning updates are an 
ongoing part of the BLM's mandate under FLPMA. In this process, 
the BLM often makes incremental modifications to the plans, and 
identifies lands that may be suitable for disposal. All of 
these planning modifications or revisions are made in 
compliance with the National Environmental Policy Act, and are 
undertaken through a process that invites full public 
participation. If the enactment date is again utilized as the 
cut-off date, the BLM may, in a few years, face the same 
challenges it does with the program today. Many of the high-
valued lands have been sold and the remaining eligible lands 
are isolated or scattered parcels in remote areas with 
relatively low value. Eliminating the restriction to provide 
more flexibility on the lands eligible for FLTFA will allow the 
BLM to maintain a more consistent program over time.
    Third, the original FLTFA allowed acquisitions of 
inholdings within, or adjacent to, certain Federal units such 
as BLM conservation units, National Parks, National Wildlife 
Refuges, and certain Forest Service units if they existed prior 
to July 25, 2000. S. 368 eliminates this limitation as well, 
and we support this change.
    Finally, S. 368 adds exceptions to the FLTFA in recognition 
of specific laws that modify the FLTFA with respect to some 
particular locations. The FLTFA does not apply to lands 
available for sale under the Santini-Burton Act (P.L. 96-586) 
and the Southern Nevada Public Land Management Act (P.L. 105-
263). S. 368 additionally exempts lands included in the White 
Pine County Conservation, Recreation, and Development Act (P.L. 
109-432) and the Lincoln County Conservation, Recreation and 
Development Act (P.L. 108-424). Finally, a number of provisions 
of the Omnibus Public Land Management Act of 2009 (P.L. 111-11) 
modify FLTFA at specific sites or for specific purposes. These 
exceptions are also captured by S. 368.


                               conclusion


    Thank you for the opportunity to testify in strong support 
of S. 368, the Federal Land Transaction Facilitation Act 
Reauthorization. By reauthorizing the FLTFA, the Congress will 
allow the BLM to continue a rational process of land disposal 
that is anchored in public participation and sound land use 
planning, while providing for land acquisitions to augment and 
strengthen our Nation's treasured landscapes.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 368, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

VALLES CALDERA PRESERVATION ACT; FEDERAL LAND TRANSACTION FACILITATION 
                                  ACT


                    (PUBLIC LAW 106-248; as amended)


 AN ACT To authorize the acquisition of the Valles Caldera, to provide 
for an effective land and wildlife management program for this resource 
     within the Department of Agriculture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           *       *       *       *       *       *       *


TITLE II--FEDERAL LAND TRANSACTION FACILITATION

           *       *       *       *       *       *       *



SEC. 203. DEFINITIONS.

    In this title:
          (1) Exceptional resource.--The term ``exceptional 
        resource'' means a resource of scientific, natural, 
        historic, cultural, or recreational value that has been 
        documented by a Federal, State, or local governmental 
        authority, and for which there is a compelling need for 
        conservation and protection under the jurisdiction of a 
        Federal agency in order to maintain the resource for 
        the benefit of the public.
          (2) Federally designated area.--The term ``federally 
        designated area'' means land in Alaska and the eleven 
        contiguous Western States (as defined in section 103(o) 
        of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1702(o)) that
          (3) [on the date of enactment of this Act was] is 
        within the boundary of--

           *       *       *       *       *       *       *


SEC. 205. DISPOSAL OF PUBLIC LAND.

    (a) In General.--The Secretary shall establish a program, 
using funds made available under section 206, to complete 
appraisals and satisfy other legal requirements for the sale or 
exchange of public land identified for disposal under approved 
land use plans [(as in effect on the date of enactment of this 
act)] under section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712).

           *       *       *       *       *       *       *

    [(d) Termination of Authority.--The authority provided 
under this section shall terminate 11 years after the date of 
enactment of this Act.]

           *       *       *       *       *       *       *


SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

           *       *       *       *       *       *       *


    [(f) Termination.--On termination of activities under 
section 205--]
          [(1) the Federal Land Disposal Account shall be 
        terminated; and]
          [(2) any remaining balance in the account shall 
        become available for appropriation under section 3 of 
        the Land and Water Conservation Fund Act (16 U.S.C. 
        460l-6).]

SEC. 207. SPECIAL PROVISIONS.

    (a) In General.--Nothing in this title provides an 
exemption from any limitation on the acquisition of land or 
interest in land under any Federal law in effect on the date of 
enactment of this Act.
    (b) Other Law.--This title shall not apply to land eligible 
for sale under--
          (1) Public Law [96-568] 96-586 (commonly known as the 
        ``Santini-Burton Act'') (94 Stat. 3381)[; or];
          (2) the Southern Nevada Public Land Management Act of 
        1998 (Public Law 105-263; 112 Stat. 2343)[.];
          (3) the White Pine County Conservation, Recreation, 
        and Development Act of 200 (Public Law 109-432; 120 
        Stat. 3028);
          (4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 
        2403);
          (5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 
        111-11);
          (6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 
        note; Public Law 111-11);
          (7) section 2601 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 
        1108); or
          (8) section 2606 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 
        1121).

           *       *       *       *       *       *       *