No Net Gain in Federal Lands Act of 2025
The No Net Gain in Federal Lands Act of 2025 would prohibit the United States from acquiring more federal land in a given state in a fiscal year than it disposes of in that same state. In other words, each state must not experience a net increase in federal land ownership in any fiscal year. If a state experiences a net gain, the President would be required to convey federal land to that state within 24 months to achieve compliance. The bill also requires annual inventories of federal land by agency and type of interest (such as fee ownership, easements, mineral rights, etc.) and mandates reporting to the President and Congress by September 30 each year. Notably, the conveyance to a state for compliance would not be treated as a major federal action under NEPA (the environmental review law). The definitions section broadens what counts as “federal land” (including certain leased lands and conservation easements) but excludes certain categories (like trust lands held by tribes under restrictions, foreclosures, and certain other dispositions).
Key Points
- 1No Net Gain rule: For each state, the acres acquired by federal agencies (Interior or Agriculture) in a fiscal year may not exceed the acres disposed of in that state in that year. Net gain is prohibited at the state level.
- 2Counting rules for disposals: Only disposal of fee-title lands can offset acquisitions of fee-title lands; only disposal of less-than-fee interests (e.g., easements) can offset acquisitions of less-than-fee interests. This creates parity between the type of interest being acquired and disposed.
- 3Annual inventory and reporting: The Secretary must conduct an annual inventory of federal land by type of interest and jurisdiction (Interior or Agriculture), determine the year-over-year change, and report to the President and Congress by September 30 each year.
- 4Compliance mechanism: If a state shows net acquisition (more land than disposed) in a fiscal year, the President must convey enough federal land to that state within 24 months to achieve compliance with the no-net-gain requirement for that year.
- 5NEPA safeguard for conveyances: The required conveyance to states to achieve compliance is not considered a major Federal action under the National Environmental Policy Act, potentially streamlining the transfer process.
- 6Definitions and scope: Federal land includes land, water, and certain interests (including some non-Federal land if held or controlled by the Federal government, such as conservation easements), but excludes specific categories (e.g., land held by tribes with alienation restrictions, foreclosed property, certain receivership lands, and lands subject to liens or debt to the U.S.).