Conveyances of Federal Public Land - Title 2, Division 3, Chapter 1, Article 15

Informal Comment Period ended May 11, 2018

The State Lands Commission (Commission) staff is seeking public comment on draft regulations regarding SB 50 (Allen, Chapter 535, Statutes of 2017). Public Resources Code section 8560 defines "federal public land" as "any land owned by the United States, including the surface estate, the subsurface estate, or any improvements on those estates." Commission staff believes that the Legislature intended for SB 50 to address conveyances of federal public lands with high value for environmental conservation or preservation, tourism, scientific study, or recreation, such as national parks and monuments. The draft regulations focus the application of SB 50 on these categories of conveyances by limiting or eliminating the application of SB 50 to other conveyances, such as conveyances of lands associated with a military defense base realignment or closure.

Commission staff has received numerous inquiries about conveyances of forfeited property. Under the draft regulations, transfers of property forfeited under federal criminal statutes would not qualify as "conveyances" subject to SB 50. If that provision is not included in the proposed regulation, alternatively, Commission staff anticipates that the regulation would be modified such that conveyances of property forfeited under federal criminal statutes would qualify as "routine" conveyances under SB 50. 

Please submit any comments to Patrick.Huber@slc.ca.gov by May 11. After this informal comment period, staff will consider public comments received, revise the draft regulations, and initiate the regular rulemaking process in which the public will have the opportunity to comment again.