HR718-119

What This Bill Does

The Public Lands in Public Hands Act restricts certain federal land transfers to non-federal entities. The Interior Secretary and Agriculture Secretary may not transfer title to federal land if the land is a publicly accessible tract or is contiguous with either a publicly accessible tract or State, county, or municipal land that can be accessed by public road, public trail, public waterway, public easement, or public right-of-way. The restriction does not apply to transfers of federal land under 300 acres, land under five acres accessible by public waterway, transfers authorized under specified statutes such as FLPMA, the Southern Nevada Public Land Management Act, the Sisk Act, the Townsites Act, the Small Tract Act, the Native Allotment Act, the Alaska Statehood Act, the Alaska Native Claims Settlement Act, the Alaska Native Vietnam-era Veterans Land Allotment Program, the Recreation and Public Purposes Act, or the Weeks Act, transfers explicitly authorized by federal law, or federally authorized land exchanges. The Secretaries may not subdivide federal land to meet the acreage exceptions.

Who Benefits and How

Hunters, anglers, hikers, public land recreation users, conservation groups, gateway communities, and State or local governments with accessible public lands benefit because large publicly accessible federal parcels and adjacent access-connected lands are harder to transfer out of federal ownership. Public access advocates benefit from an anti-subdivision rule that prevents agencies from dividing land to fit small-parcel exceptions. Congress retains the ability to authorize transfers explicitly by federal law.

Who Bears the Burden and How

Interior land managers, Agriculture land managers, federal realty staff, non-federal land buyers, developers, and local project sponsors face tighter limits on acquiring publicly accessible federal land. Federal agencies must screen proposed transfers for public access, contiguity, acreage, enumerated statutory exceptions, and land-exchange authority. Some economic development, disposal, or consolidation projects involving accessible federal land may need explicit federal authorization or a qualifying exception.

Key Provisions

• Prohibits transfers of publicly accessible federal land to non-federal entities.
• Prohibits transfers of federal land contiguous with publicly accessible tracts or accessible State, county, or municipal land.
• Provides exceptions for parcels under 300 acres and waterway-accessible parcels under five acres.
• Preserves transfers under specified federal land statutes, explicit federal authorization, and federally authorized land exchanges.
• Bars the Interior Secretary and Agriculture Secretary from subdividing federal land to fit acreage exceptions.
• Protects public access interests while leaving Congress able to authorize specific transfers.