[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1331 Reported in Senate (RS)]






                                                       Calendar No. 826
106th CONGRESS
  2d Session
                                S. 1331

                          [Report No. 106-417]

 To give Lincoln County, Nevada, the right to purchase at fair market 
                value certain public land in the county.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 1, 1999

   Mr. Reid introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

           September 25 (legislative day, September 22), 2000

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To give Lincoln County, Nevada, the right to purchase at fair market 
                value certain public land in the county.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lincoln County Land Act of 
1999''.</DELETED>

<DELETED>SEC. 2. SALE OF PUBLIC LAND.</DELETED>

<DELETED>    (a) Right To Purchase.--For a period of 10 years after the 
date of enactment of this Act, Lincoln County, Nevada, shall have the 
exclusive right to purchase the parcels of public land described in 
subsection (b).</DELETED>
<DELETED>    (b) Land Description.--The parcels of public land referred 
to in subsection (a) are the following parcels in T. 12 S., R. 71 E., 
Mount Diablo Meridian, Nevada:</DELETED>
        <DELETED>    (1) Sec. 16: NW </DELETED>\<DELETED>1/4</DELETED>\ 
        <DELETED>SW </DELETED>\<DELETED>1/4</DELETED>\<DELETED>, S 
        </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>SW 
        </DELETED>\<DELETED>1/4</DELETED>\<DELETED>, SE 
        </DELETED>\<DELETED>1/4</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (2) Sec. 17: SW </DELETED>\<DELETED>1/
        4</DELETED>\<DELETED>, W </DELETED>\<DELETED>1/2</DELETED>\ 
        <DELETED>SE </DELETED>\<DELETED>1/4</DELETED>\<DELETED>, SE 
        </DELETED>\<DELETED>1/4</DELETED>\ <DELETED>SE 
        </DELETED>\<DELETED>1/4</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (3) Sec. 18: SE </DELETED>\<DELETED>1/
        4</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (4) Sec. 19: E </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (5) Sec. 20.</DELETED>
        <DELETED>    (6) Sec. 21: W </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (7) Sec. 28: W </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (8) Sec. 29.</DELETED>
        <DELETED>    (9) Sec. 30: E </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (10) Sec. 31: E </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (11) Sec. 32.</DELETED>
        <DELETED>    (12) Sec. 33: W </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>, SE </DELETED>\<DELETED>1/
        4</DELETED>\<DELETED>.</DELETED>
        <DELETED>    (13) Sec. 34: S </DELETED>\<DELETED>1/
        2</DELETED>\<DELETED>.</DELETED>
<DELETED>    (c) Notification.--Not later than 180 days after the date 
of enactment of this Act, Lincoln County, Nevada, shall notify the 
Secretary of the Interior which of the parcels of public land described 
in subsection (b) the county intends to purchase.</DELETED>
<DELETED>    (d) Terms and Conditions of Sale.--All sales of public 
land under this section--</DELETED>
        <DELETED>    (1) shall be subject to valid existing rights; 
        and</DELETED>
        <DELETED>    (2) shall be made for fair market value, as 
        determined by the Secretary.</DELETED>
<DELETED>    (e) Conveyance.--Not later than 1 year after receiving 
notification by Lincoln County that the county wishes to proceed with a 
purchase under subsection (a), the Secretary of the Interior shall 
convey to Lincoln County the parcels of land selected for 
purchase.</DELETED>
<DELETED>    (f) Withdrawal.--Subject to valid existing rights, until 
the date that is 10 years after the date of enactment of this Act, the 
public land described in subsection (b) is withdrawn from all forms of 
entry and appropriation under the public land laws, including the 
mining laws, and from operation of the mineral leasing and geothermal 
leasing laws.</DELETED>

<DELETED>SEC. 3. DISPOSITION OF PROCEEDS.</DELETED>

<DELETED>    (a) Land Sales.--Of the gross proceeds of sales of land 
under this Act in a fiscal year--</DELETED>
        <DELETED>    (1) 5 percent shall be paid directly to the State 
        of Nevada for use in the general education program of the 
        State;</DELETED>
        <DELETED>    (2) 10 percent shall be returned to Lincoln County 
        for use as determined through normal county budgeting 
        procedures, with emphasis given to support of schools, of which 
        no amount may be used in support of litigation against the 
        Federal Government; and</DELETED>
        <DELETED>    (3) the remainder shall be deposited in a special 
        account in the Treasury of the United States (referred to in 
        this section as the ``special account'') for use as provided in 
        subsection (b).</DELETED>
<DELETED>    (b) Availability of Special Account.--</DELETED>
        <DELETED>    (1) In general.--Amounts in the special account 
        (including amounts earned as interest under paragraph (3)) 
        shall be available to the Secretary of the Interior, without 
        further Act of appropriation, and shall remain available until 
        expended, for--</DELETED>
                <DELETED>    (A) the cost of acquisition of 
                environmentally sensitive land or interests in such 
                land in the State of Nevada, with priority given to 
                land outside Clark County;</DELETED>
                <DELETED>    (B) development of a multispecies habitat 
                conservation plan in Lincoln County, Nevada; 
                and</DELETED>
                <DELETED>    (C) reimbursement of costs incurred by the 
                Bureau of Land Management in preparing sales under this 
                Act, or other authorized land sales or exchanges within 
                Lincoln County, Nevada, including the costs of land 
                boundary surveys, compliance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), appraisals, environmental and cultural 
                clearances, and any public notice.</DELETED>
        <DELETED>    (2) Acquisition from willing sellers.--An 
        acquisition under paragraph (1)(A) shall be made only from a 
        willing seller and after consultation with the State of Nevada 
        and units of local government under the jurisdiction of which 
        the environmentally sensitive land is located.</DELETED>
        <DELETED>    (3) Interest.--Amounts in the special account 
        shall earn interest in the amount determined by the Secretary 
        of Treasury on the basis of current average market yield on 
        outstanding marketable obligations of the United States of 
        comparable maturities.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lincoln County Land Act of 2000''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) Lincoln County, Nevada, encompasses an area of 10,132 
        square miles of the State of Nevada;
            (2) approximately 98 percent of the County is owned by the 
        Federal Government;
            (3) the city of Mesquite, Nevada, needs land for an 
        organized approach for expansion to the north;
            (4) citizens of the County would benefit through enhanced 
        county services and schools from the increased private property 
        tax base due to commercial and residential development;
            (5) the County would see improvement to the budget for the 
        county and school services through the immediate distribution 
        of sale receipts from the Secretary selling land through a 
        competitive bidding process;
            (6) a cooperative approach among the Bureau of Land 
        Management, the County, the City, and other local government 
        entities will ensure continuing communication between those 
        entities;
            (7) the Federal Government will be fairly compensated for 
        the sale of public land; and
            (8) the proposed Caliente Management Framework Amendment 
        and Environmental Impact Statement for the Management of Desert 
        Tortoise Habitat Plan identify specific public land as being 
        suitable for disposal.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the orderly disposal of certain public 
        land in the County; and
            (2) to provide for the acquisition of environmentally 
        sensitive land in the State of Nevada.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the city of Mesquite, 
        Nevada.
            (2) County.--The term ``County'' means Lincoln County, 
        Nevada.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Special account.--The term ``special account'' means 
        the account in the Treasury of the United States established 
        under section 5.

SEC. 4. DISPOSAL OF LAND.

    (a) Disposal.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, notwithstanding the land use planning 
        and land sale requirements contained in sections 202 and 203 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1711, 1712), the Secretary, in cooperation with the County and 
        the City, in accordance with this Act, the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other 
        applicable law, and subject to valid existing rights, shall 
        dispose of the land described in subsection (b) in a 
        competitive bidding process, at a minimum, for fair market 
        value.
            (2) Timing.--The Secretary shall dispose of--
                    (A) the land described in subsection (b)(1)(A) not 
                later than 1 year after the date of enactment of this 
                Act; and
                    (B) the land described in subsection (b)(1)(B) not 
                later than 5 years after the date of enactment of this 
                Act.
    (b) Land Description.--
            (1) In general.--The land referred to in subsection (a) is 
        the land depicted on the map entitled ``Public Lands Identified 
        for Disposal in Lincoln County, Nevada'' and dated July 24, 
        2000, consisting of--
                    (A) the land identified on the map for disposal 
                within 1 year, comprising approximately 4,817 acres; 
                and
                    (B) the land identified on the map for disposal 
                within 5 years, comprising approximately 8,683 acres.
            (2) Map.--The map described in paragraph (1) shall be 
        available for public inspection in the Ely Field Office of the 
        Bureau of Land Management.
    (c) Segregation.--Subject to valid existing rights, the land 
described in subsection (b) is segregated from all forms of entry and 
appropriation (except for competitive sale) under the public land laws, 
including the mining laws, and from operation of the mineral leasing 
and geothermal leasing laws.
    (d) Compliance With Local Planning and Zoning.--The Secretary shall 
ensure that qualified bidders intend to comply with--
            (1) County and City zoning ordinances; and
            (2) any master plan for the area developed and approved by 
        the County and City.

SEC. 5. DISPOSITION OF PROCEEDS.

    (a) Land Sales.--Of the gross proceeds of sales of land under this 
Act in a fiscal year--
            (1) 5 percent shall be paid directly to the State of Nevada 
        for use in the general education program of the State;
            (2) 10 percent shall be returned to the County for use as 
        determined through normal county budgeting procedures, with 
        emphasis given to support of schools, of which no amount may be 
        used in support of litigation against the Federal Government; 
        and
            (3) the remainder shall be deposited in a special account 
        in the Treasury of the United States (referred to in this 
        section as the ``special account'') for use as provided in 
        subsection (b).
    (b) Availability of Special Account.--
            (1) In general.--Amounts in the special account (including 
        amounts earned as interest under paragraph (3)) shall be 
        available to the Secretary of the Interior, without further Act 
        of appropriation, and shall remain available until expended, 
        for--
                    (A) inventory, evaluation, protection, and 
                management of unique archaeological resources (as 
                defined in section 3 of the Archaeological Resources 
                Protection Act of 1979 (16 U.S.C. 470bb)) in the 
                County;
                    (B) development of a multispecies habitat 
                conservation plan in the County;
                    (C)(i) reimbursement of costs incurred by the 
                Nevada State Office and the Ely Field Office of the 
                Bureau of Land Management in preparing sales under this 
                Act, or other authorized land sales within the County, 
                including the costs of land boundary surveys, 
                compliance with the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.), appraisals, 
                environmental and cultural clearances, and any public 
                notice; and
                    (ii) processing public land use authorizations and 
                rights-of-way stemming from development of the conveyed 
                land; and
                    (D) the cost of acquisition of environmentally 
                sensitive land or interests in such land in the State 
                of Nevada, with priority given to land outside Clark 
                County.
            (2) Acquisition from willing sellers.--An acquisition under 
        paragraph (1)(D) shall be made only from a willing seller and 
        after consultation with the State of Nevada and units of local 
        government under the jurisdiction of which the environmentally 
        sensitive land is located.
    (c) Investment of Special Account.--All funds deposited as 
principal in the special account shall earn interest in the amount 
determined by the Secretary of the Treasury on the basis of the current 
average market yield on outstanding marketable obligations of the 
United States of comparable maturities.

SEC. 6. ACQUISITIONS.

    (a) Definition of Environmentally Sensitive Land.--In this section, 
the term ``environmentally sensitive land'' means land or an interest 
in land, the acquisition of which by the United States would, in the 
judgment of the Secretary--
            (1) promote the preservation of natural, scientific, 
        aesthetic, historical, cultural, watershed, wildlife, and other 
        values contributing to public enjoyment and biological 
        diversity;
            (2) enhance recreational opportunities and public access;
            (3) provide the opportunity to achieve better management of 
        public land through consolidation of Federal ownership; or
            (4) otherwise serve the public interest.
    (b) Acquisitions.--
            (1) In general.--After the consultation process has been 
        completed in accordance with subsection (c), the Secretary may 
        acquire with the proceeds of the special account 
        environmentally sensitive land and interests in environmentally 
        sensitive land. Land may not be acquired under this section 
        without the consent of the landowner.
            (2) Use of other funds.--Funds made available from the 
        special account may be used with any other funds made available 
        under any other provision of law.
    (c) Consultation.--Before initiating efforts to acquire land under 
this subsection, the Secretary shall consult with the State of Nevada 
and with local government within whose jurisdiction the land is 
located, including appropriate planning and regulatory agencies, and 
with other interested persons, concerning the necessity of making the 
acquisition, the potential impacts on State and local government, and 
other appropriate aspects of the acquisition.
    (d) Administration.--On acceptance of title by the United States, 
land and interests in land acquired under this section that is within 
the boundaries of a unit of the National Wild and Scenic Rivers System, 
National Trails System, National Wilderness Preservation System, any 
other system established by Act of Congress, or any national 
conservation or national recreation area established by Act of 
Congress--
            (1) shall become part of the unit or area without further 
        action by the Secretary; and
            (2) shall be managed in accordance with all laws and 
        regulations and land use plans applicable to the unit or area.
            Amend the title so as to read: ``A bill to direct the 
        Secretary of Interior to sell certain public land in Lincoln 
        County through a competitive process.''.
                                                       Calendar No. 826

106th CONGRESS

  2d Session

                                S. 1331

                          [Report No. 106-417]

_______________________________________________________________________

                                 A BILL

 To give Lincoln County, Nevada, the right to purchase at fair market 
                value certain public land in the county.

_______________________________________________________________________

           September 25 (legislative day, September 22), 2000

        Reported with an amendment and an amendment to the title