[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 719 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 719

  To provide for the orderly disposal of certain Federal land in the 
 State of Nevada and for the acquisition of environmentally sensitive 
               land in the State, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

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

_______________________________________________________________________

                                 A BILL


 
  To provide for the orderly disposal of certain Federal land in the 
 State of Nevada and for the acquisition of environmentally sensitive 
               land in the State, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nevada Public Land Management Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Federal holdings in the State of Nevada constitute over 
        87 percent of the area of the State, and in 10 of the 17 
        counties the Federal Government controls at least 80 percent of 
        the land;
            (2) the large amount of federally controlled land in Nevada 
        and the lack of an adequate private land ownership base has had 
        a negative impact on the overall economic development of rural 
        counties and communities and severely degraded the ability of 
        local governments to provide necessary services;
            (3) under general land laws less than 3 percent of the 
        Federal land in Nevada has moved from Federal control to 
        private ownership in the last 130 years;
            (4) in resource management plans, the Bureau of Land 
        Management has identified for disposal land that is difficult 
        and costly to manage and that would more appropriately be in 
        non-Federal ownership;
            (5) implementation of Federal land management plans has 
        been impaired by the lack of necessary funding to provide the 
        needed improvements and the lack of land management programs to 
        accomplish the goals and standards set out in the plans; and
            (6) the lack of a private land tax base prevents most local 
        governments from providing the appropriate infrastructure to 
        allow timely development of land that is disposed of by the 
        Federal Government for community expansion and economic growth.
    (b) Purposes.--The purposes of this Act are to provide for--
            (1) the orderly disposal and use of certain Federal land in 
        the State of Nevada that was not included in the Southern 
        Nevada Public Land Management Act of 1998 (Public Law 105-263; 
        112 Stat. 2343);
            (2) the acquisition of environmentally sensitive land in 
        the State; and
            (3) the implementation of projects and activities in the 
        State to protect or restore important environmental and 
        cultural resources.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Current land use plan.--The term ``current land use 
        plan'', with respect to an administrative unit of the Bureau of 
        Land Management, means the management framework plan or 
        resource management plan applicable to the unit that was 
        approved most recently before the date of enactment of this 
        Act.
            (2) Environmentally sensitive land.--The term 
        ``environmentally sensitive land'' means land or an interest in 
        land, the acquisition of which the United States would, in the 
        judgment of the Secretary or the Secretary of Agriculture--
                    (A) promote the preservation of natural, 
                scientific, aesthetic, historical, cultural, watershed, 
                wildlife, or other values that contribute to public 
                enjoyment or biological diversity;
                    (B) enhance recreational opportunities or public 
                access;
                    (C) provide the opportunity to achieve better 
                management of public land through consolidation of 
                Federal ownership; or
                    (D) otherwise serve the public interest.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Special account.--The term ``Special Account'' means 
        the account established by section 6.
            (5) State.--The term ``State'' means the State of Nevada.
            (6) Unit of local government.--The term ``unit of local 
        government'' means the elected governing body of each city and 
        county in the State except the cities of Las Vegas, Henderson, 
        and North Las Vegas.

SEC. 4. DISPOSAL AND EXCHANGE.

    (a) Disposal.--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, the Secretary may 
dispose of public land within the State identified for disposal under 
current land use plans maintained under section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1713), other than land 
that is identified for disposal under the Southern Nevada Public Land 
Management Act of 1998 (Public Law 105-263; 112 Stat. 2343).
    (b) Recreation and Public Purpose Conveyances.--
            (1) In general.--Not less than 30 days before offering land 
        for sale or exchange under subsection (a), the State or the 
        unit of local government in the jurisdiction of which the land 
        is located may elect to obtain the land for local public 
        purposes under the Act entitled ``An Act to authorize 
        acquisition or use of public lands by States, counties, or 
        municipalities for recreational purposes'', approved June 14, 
        1926 (commonly known as the ``Recreation and Public Purposes 
        Act'') (43 U.S.C. 869 et seq.).
            (2) Retention by secretary.--If the State or unit of local 
        government elects to obtain the land, the Secretary shall 
        retain the land for conveyance to the State or unit of local 
        government in accordance with that Act.
    (c) Withdrawal.--Subject to valid existing rights, all Federal land 
selected for disposal under subsection (d)(1) is withdrawn from 
location and entry under the mining laws and from operation under the 
mineral leasing and geothermal leasing laws until the Secretary 
terminates the withdrawal or the land is patented.
    (d) Selection.--
            (1) In general.--The Secretary, the unit of local 
        government that has jurisdiction over land identified for 
        disposal under subsection (a), and the State shall jointly 
        select land to be offered for sale or exchange under this 
        section.
            (2) Coordination.--The Secretary shall coordinate land 
        disposal activities with the unit of local government under the 
        jurisdiction of which the land is located.
            (3) Local land use planning and zoning requirements.--The 
        Secretary shall dispose of land under this section in a manner 
        that is consistent with local land use planning and zoning 
        requirements and recommendations.
    (e) Sales Offering, Price, Procedures, and Prohibitions.--
            (1) Offering.--The Secretary shall make the first offering 
        of land as soon as practicable after land has been selected 
        under subsection (d).
            (2) Sale price.--
                    (A) In general.--The Secretary shall make all sales 
                of land under this section at a price that is not less 
                than the fair market value of the land, as determined 
                by the Secretary.
                    (B) Affordable housing.--Subparagraph (A) does not 
                affect the authority of the Secretary to make land 
                available at less than fair market value for affordable 
                housing purposes under section 7(b) of the Southern 
                Nevada Public Land Management Act of 1998 (Public Law 
                105-263; 112 Stat. 2349).
            (3) Competitive bidding.--
                    (A) In general.--The sale of public land selected 
                under subsection (d) shall be conducted in accordance 
                with sections 203 and 209 of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1713, 1719).
                    (B) Exceptions.--The exceptions to competitive 
                bidding requirements under section 203(f) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1713(f)) shall apply to sales under this Act in 
                cases in which the Secretary determines that 
                application of an exception is necessary and proper.
                    (C) Notice of competitive bidding procedures.--The 
                Secretary shall also ensure adequate notice of 
                competitive bidding procedures to--
                            (i) owners of land adjoining the land 
                        proposed for sale;
                            (ii) local governments in the vicinity of 
                        the land proposed for sale; and
                            (iii) the State.
            (4) Prohibitions.--A sale of a tract of land selected under 
        subsection (d) shall not be undertaken if the Federal costs of 
        sale preparation and processing are estimated to exceed the 
        proceeds of the sale.
    (f) Disposition of Proceeds.--
            (1) Land sales.--Of the gross proceeds of sales of land 
        under this section during a fiscal year--
                    (A) 5 percent shall be paid to the State for use in 
                the general education program of the State;
                    (B) 45 percent shall be paid directly to the local 
                unit of government in the jurisdiction of which the 
                land is located for use as determined by the unit of 
                local government, with consideration given to use for 
                support of health care delivery, law enforcement, and 
                schools; and
                    (C) 50 percent shall be deposited in the Special 
                Account.
            (2) Land exchanges.--
                    (A) In general.--In a land exchange under this 
                section, the non-Federal party shall provide direct 
                payment to the unit of local government in the 
                jurisdiction of which the land is located in an amount 
                equal to 15 percent of the fair market value of the 
                Federal land conveyed in the exchange.
                    (B) Treatment of payments as cost incurred.--If any 
                agreement to initiate the exchange so provides, a 
                payment under subparagraph (A) shall be considered to 
                be a cost incurred by the non-Federal party that shall 
                be compensated by the Secretary.
                    (C) Pending exchanges.--This Act, other than 
                subsections (a) and (b) and this subsection, shall not 
                apply to any land exchange for which an initial 
                agreement to initiate an exchange was signed by an 
                authorized representative of the exchange proponent and 
                an authorized officer of the Bureau of Land Management 
                before the date of enactment of this Act.
    (g) Additional Disposal Land.--Public land identified for disposal 
in the State under a replacement of or amendment to a current land use 
plan shall be subject to this Act.

SEC. 5. ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND.

    (a) In General.--After consultation in accordance with subsection 
(c), the Secretary may use funds in the Special Account and any other 
funds that are made available by law to acquire environmentally 
sensitive land and interests in environmentally sensitive land.
    (b) Consent.--The Secretary may acquire environmentally sensitive 
land under this section only from willing sellers.
    (c) Consultation.--
            (1) In general.--Before initiating efforts to acquire 
        environmentally sensitive land under this section, the 
        Secretary or the Secretary of Agriculture shall consult with 
        the State and units of local government under the jurisdiction 
        of which the environmentally sensitive land is located 
        (including appropriate planning and regulatory agencies) and 
        with other interested persons concerning--
                    (A) the necessity of making the acquisition;
                    (B) the potential impact of the acquisition on 
                State and local government; and
                    (C) other appropriate aspects of the acquisition.
            (2) Additional consultation.--Consultation under this 
        paragraph shall be in addition to any other consultation that 
        is required by law.
    (d) Administration.--On acceptance of title by the United States, 
any environmentally sensitive land or interest in environmentally 
sensitive land acquired under this section that is within the 
boundaries of a unit of the National Forest System, the National Park 
System, the National Wildlife Refuge System, the National Wild and 
Scenic Rivers System, the National Trails System, the National 
Wilderness Preservation System, any other system established by law, or 
any national conservation or recreation area established by law--
            (1) shall become part of the unit or area without further 
        action by the Secretary or Secretary of Agriculture; and
            (2) shall be managed in accordance with all laws (including 
        regulations) and land use plans applicable to the unit or area.
    (e) Fair Market Value.--The fair market value of environmentally 
sensitive land or an interest in environmentally sensitive land to be 
acquired by the Secretary or the Secretary of Agriculture under this 
section shall be determined--
            (1) under section 206 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1711) and other applicable 
        requirements and standards; and
            (2) without regard to the presence of a species listed as a 
        threatened species or endangered species under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (f) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United 
States Code, is amended--
            (1) in subparagraph (G), by striking ``or'' at the end;
            (2) in subparagraph (H), by striking the period at the end 
        and inserting ``; or ''; and
            (3) by adding at the end the following:
                    ``(I) acquired by the Secretary of the Interior or 
                the Secretary of Agriculture under section 5 of the 
                Nevada Public Land Management Act of 1999 that is not 
                otherwise described in subparagraphs (A) through 
                (G).''.

SEC. 6. SPECIAL ACCOUNT.

    (a) Establishment.--There is established in the Treasury of the 
United States a separate account to be used in carrying out this Act.
    (b) Contents.--The Special Account shall consist of--
            (1) amounts deposited in the Special Account under section 
        4(f)(1)(B);
            (2) donations to the Special Account; and
            (3) appropriations to the Special Account.
    (c) Use.--
            (1) In general.--Amounts in the Special Account shall be 
        available to the Secretary until expended, without further Act 
        of appropriation, to pay--
                    (A) subject to paragraph (2), costs incurred by the 
                Bureau of Land Management in arranging sales or 
                exchanges under this Act, 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 public notice;
                    (B) the cost of acquisition of environmentally 
                sensitive land or interest in such land in the State;
                    (C) the cost of carrying out any necessary revision 
                or amendment of a current land use plan of the Bureau 
                of Land Management that relates to land sold, 
                exchanged, or acquired under this Act;
                    (D) the cost of projects or programs to restore or 
                protect wetlands, riparian areas, or cultural, 
                historic, prehistoric, or paleontological resources, 
                including petroglyphs;
                    (E) the cost of projects, programs, or land 
                acquisition to stabilize or restore water quality and 
                lake levels in Walker Lake; and
                    (F) related costs determined by the Secretary.
            (2) Limitations.--
                    (A) Costs in arranging sales or exchanges.--Costs 
                charged against the Special Account for the purposes 
                described in paragraph (1)(A) shall not exceed the 
                minimum amount practicable in view of the fair market 
                value of the Federal land to be sold or exchanged.
                    (B) Acquisition.--Not more than 50 percent of the 
                amounts deposited in the Special Account in any fiscal 
                year may be used in that fiscal year or any subsequent 
                fiscal year for the purpose described in paragraph 
                (1)(B).
            (3) Plan revisions and amendments.--The process of revising 
        or amending a land use plan shall not cause delay or 
        postponement in the implementation of this Act.
    (d) Interest.--All funds deposited 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. 
Such interest shall be added to the principal of the account and 
expended in accordance with subsection 6(c).
    (e) Coordination.--The Secretary shall coordinate the use of the 
Special Account with the Secretary of Agriculture, the State, and units 
of local government in which land or an interest in land may be 
acquired, to ensure accountability and demonstrated results.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 7. REPORT.

    The Secretary, in cooperation with the Secretary of Agriculture, 
shall submit to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Resources of the House of Representatives a 
biennial report that describes each transaction that is carried out 
under this Act.
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