[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2869 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2869

 To direct the Secretary of the Interior to sell certain public lands 
 subject to mining operations in Eureka, Lander, White Pine, Elko, and 
 Humboldt Counties, Nevada, for the reclamation of abandoned mines in 
  Nevada, to promote and enhance economic development, education, and 
           local government revenues, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

 Mr. Gibbons introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Interior to sell certain public lands 
 subject to mining operations in Eureka, Lander, White Pine, Elko, and 
 Humboldt Counties, Nevada, for the reclamation of abandoned mines in 
  Nevada, to promote and enhance economic development, education, and 
           local government revenues, 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 ``Northern Nevada Rural Economic 
Development and Land Consolidation Act of 2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds as follows:
            (1) The economy of Nevada is dependent upon mining as a 
        major source of high-paying jobs and other economic benefits.
            (2) Fifteen percent of employment in Eureka, Lander, White 
        Pine, Elko, and Humboldt Counties in Nevada is directly 
        provided by mining corporations, while nearly 50 percent of 
        employment in those counties is a direct result of the mining 
        industry.
            (3) Citizens of northern Nevada counties would benefit 
        through enhanced county services and schools from the increased 
        private property tax base that would result from private 
        ownership of the public land subject to mining operations.
            (4) The Federal Government owns approximately 81 percent of 
        the total area of Eureka, Lander, White Pine, Elko, and 
        Humboldt Counties in Nevada, and many mining operations in 
        those counties are conducted on public lands subject to mining 
        or mill site claims located and maintained under the general 
        mining laws.
            (5) The general mining laws have historically allowed 
        mining claimants to receive patents to their claims from the 
        United States, and the public land laws authorize land 
        exchanges and direct sales as methods for mining companies to 
        obtain security of tenure for their operations.
            (6) However, since 1994, Congress has placed moratoria on 
        further processing of patent applications under the general 
        mining laws, except for certain patent applications that were 
        pending at the time of the first moratorium.
            (7) There is a severe backlog of land exchange and direct 
        sale petitions in Nevada that has made it impossible for Nevada 
        mine operators to obtain title in a timely manner to land 
        subject to mining claims and mill site claims on which they 
        conduct their operations.
            (8) These circumstances have made it impossible for two 
        mining companies to achieve security of tenure in a reasonable 
        time frame, creating economic uncertainty and disadvantages not 
        only for these companies but also for Nevada local governments 
        and Nevada citizens who benefit from the taxes paid and jobs 
        provided by these and other companies, and from their long term 
        commitment to continue operating and to further mineral 
        exploration in Nevada.
            (9) The public lands addressed in this Act are difficult 
        and uneconomic for the Bureau of Land Management to manage and 
        disposal of such lands will serve important public objectives, 
        including economic development and the maintenance of a long 
        term tax base for northern Nevada counties.
            (10) The Bureau of Land Management has determined that the 
        public lands addressed in this Act are suitable for 
        consolidation of ownership or disposal into private ownership 
        and the environmental, cultural, social, and economic impacts 
        of mining operations on the public lands subject to this Act 
        have been evaluated in numerous studies conducted under the 
        National Environmental Policy Act of 1969, the National 
        Historic Preservation Act, and other laws.
            (11) The sale of the public lands would generate 
        significant income to provide funds to complete rehabilitation 
        of lands in the State of Nevada that were subject to mining 
        activities conducted many decades ago.
            (12) Mining operations conducted on public lands sold under 
        this Act would remain subject to applicable Federal and State 
        environmental and safety laws.
            (13) These lands would be sold for market value, including 
        a royalty on future production of minerals.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the orderly and expeditious 
        consolidation and disposal of certain public lands in Eureka, 
        Lander, White Pine, Elko, and Humboldt Counties, Nevada;
            (2) to provide funds for rehabilitation of lands in Nevada 
        that were subject to historic mining activities; and
            (3) to provide funds for education and other purposes in 
        the State of Nevada.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``Claimant'' means Placer Dome U.S. 
        Inc., any affiliate designated by Placer Dome U.S. Inc., or any 
        successor; and Graymont Western U.S. Inc, and any affiliate 
        designated by Graymont Western U.S. Inc, or any successor.
            (2) Counties.--The term ``Counties'' means the Nevada 
        counties of Eureka, Lander, White Pine, Elko, and Humboldt, all 
        located in the State of Nevada.
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
            (4) Mining law.--The term ``the general mining laws'' 
        includes, in general, chapters 2 and 12A, and 16, sections 161 
        and 162, of title 30, U.S.C.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. DISPOSAL OF LAND.

    (a) Disposal.--
            (1) In general.--The Claimant shall have the right during 
        the one year period commencing on the date of enactment of this 
        Act to submit one or more applications to the Secretary to 
        acquire all or any portion of the public lands depicted as 
        ``Selected Lands'' on the maps identified in clauses (i) 
        through (ii) of subsection (b)(1)(A). As soon as practicable 
        after receipt of each such application, the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.) or any 
        other law or executive order, except as specifically provided 
        in this Act, subject to the acceptance by the Claimant and the 
        Secretary of the appraisal and determinations to be made in 
        accordance with paragraphs (2) and (3), the Secretary shall 
        dispose of each parcel of public land, including minerals, 
        described in subsection (b)(1)(A) by direct sale to the 
        Claimant. The procedures in section 206(d) of the Federal Land 
        Policy and Management Act (43 U.S.C. 1716(d)) shall apply to 
        the appraisal and determinations made pursuant to this 
        paragraph.
            (2) Market value.--
                    (A) Value of land.--The value of the public lands 
                to be conveyed to Claimant and any private lands 
                conveyed to the United States pursuant to this Act 
                shall be the market value of the present interest of 
                the grantor, as determined by the Secretary in 
                accordance with an appraisal that complies with the 
                Uniform Appraisal Standards for Federal Land 
                Acquisitions and the relevant valuation provisions of 
                the Federal Land Policy Management Act of 1976 (43 
                U.S.C. 1701 et seq.). Such appraisal shall be conducted 
                by a qualified professional appraiser certified by the 
                Appraiser Qualifications Board of the Appraisal 
                Foundation.
                    (B) Value of minerals.--
                            (i) The value of locatable minerals in 
                        public lands to be conveyed to the Claimant 
                        that are subject to unpatented mining claims 
                        for which the Claimant demonstrates the 
                        discovery of a valuable mineral deposit shall 
                        not be considered in the appraisal or included 
                        in the market value of the grantor's interest 
                        in these lands, as ownership and the right to 
                        develop these minerals are already vested in 
                        the Claimant. In determining whether the 
                        Claimant has demonstrated the existence of a 
                        discovery of a valuable mineral deposit, the 
                        Secretary shall apply the principles of the 
                        general mining laws, but shall not be required 
                        to conduct a formal validity examination.
                            (ii) Because it would be difficult to 
                        determine accurately the value of locatable 
                        minerals in lands to be conveyed to the 
                        Claimant that are subject to unpatented mining 
                        or mill site claims for which the Claimant does 
                        not demonstrate the discovery of a valuable 
                        mineral deposit, the present value of such 
                        minerals will not be considered in the 
                        appraisal or included in the market value of 
                        these lands. The United States shall be 
                        compensated for the value of any such minerals 
                        as provided in paragraph (3).
            (3) Royalties.--There shall be reserved in the conveyance 
        of all public lands made pursuant to this Act, except lands 
        subject to unpatented mining claims for which the Claimant 
        demonstrates the discovery of a valuable mineral deposit, a 
        royalty payable to the United States on locatable minerals. The 
        rate of the reserved royalty shall be commensurate with the 
        rate determined by the Secretary that is common and customary 
        at the time of conveyance for royalties on locatable minerals 
        reserved by private parties on public and private lands in the 
        region in which the lands are situated.
            (4) Credit for lands conveyed to the united states.--The 
        Secretary shall accept from Claimant, subject to approval of 
        title, a conveyance of any private lands identified in 
        subsection (b)(1)(B) that Claimant offers to convey to the 
        United States. Claimant shall receive a credit equal to the 
        market value of any private lands conveyed to the United States 
        pursuant to this section, which credit shall be applied against 
        the cash consideration to be paid to the United States for the 
        public lands conveyed to Claimant pursuant to this Act.
            (5) Timing.--The Secretary shall--
                    (A) with respect to each application made pursuant 
                to paragraph (1) complete all necessary appraisals, 
                review and determine the validity of the assertions of 
                the discovery of a valuable mineral deposit on lands on 
                which the Claimant has made such an assertion, and 
                determine the appropriate royalty for public lands on 
                which the Secretary determines that the Claimant has 
                not demonstrated the existence of such a discovery, not 
                later than 180 days after the date of submission of 
                such application; and
                    (B) convey the public lands to be conveyed to the 
                Claimant not later than 60 days after the completion of 
                the actions described in subparagraph (A).
            (6) Independent transactions.--The public lands to be sold 
        to Claimant under this Act may be included in one or more 
        conveyances.
    (b) Land Description.--
            (1) In general.--
                    (A) The public lands referred to in subsection 
                (a)(1) are the lands depicted as ``Selected Lands'' on 
                the following maps:
                            (i) Northern Nevada Land Package For Placer 
                        Dome U.S. Inc.- Bald Mtn Mine - Selected Lands 
                        (Scale 1=2000);
                            (ii) Northern Nevada Land Package For 
                        Placer Dome U.S. Inc.- Cortez Gold Mines - 
                        Offered and Selected Lands (Scale 1=8000);
                            (iii) Northern Nevada Land Package For 
                        Placer Dome U.S. Inc.- Getchell Mine - Selected 
                        Lands (Scale 1=4000); and
                            (iv) Northern Nevada Land Package For 
                        Graymont Western U.S. Inc. - Pilot Mine - 
                        (Scale 1= 1000).
                    (B) The private lands referred to in subsection 
                (a)(3) are the lands depicted as ``Offered Lands'' on 
                the following map: Northern Nevada Land Package For 
                Placer Dome U.S. Inc.-Cortez Gold Mines- Offered and 
                Selected Lands (Scale 1=8000)
            (2) Locations of maps.--The maps described in paragraph (1) 
        shall be available for public inspection in the State Office of 
        the Bureau of Land Management, 1340 Financial Boulevard, Reno, 
        Nevada.
    (c) Miscellaneous.--
            (1) Interim conveyances.--Lands to be conveyed by the 
        United States pursuant to this Act which have not been 
        surveyed, or with respect to which any boundary needs to be 
        surveyed or resurveyed, shall be conveyed by an interim 
        conveyance, which shall convey to and vest in the Claimant to 
        which such lands are conveyed the same right, title, and 
        interest in and to such lands as the Claimant would have 
        received in a patent issued pursuant to this Act. Upon 
        completion of any necessary survey or resurvey, the Secretary 
        shall patent any lands previously conveyed by an interim 
        conveyance. Where necessary as a result of the survey or 
        resurvey of such lands, the boundary may be corrected in the 
        patent.
            (2) Surveys.--Notwithstanding any other provision of law, 
        the Secretary shall conduct and approve all cadastral surveys 
        that are necessary for completion of each sale authorized and 
        directed by this Act. In conducting such surveys, the Secretary 
        is authorized to conduct perimeter surveys of contiguous blocks 
        of public lands and convey such lands based on these surveys. 
        Due to the lack of accurate and complete public land surveys in 
        some portions of the public lands, the Secretary is authorized 
        to use existing Bureau of Land Management protraction diagrams 
        and global positioning system survey techniques to complete 
        such surveys. The cost of any surveys shall be borne by the 
        Claimant.
            (3) Technical corrections.--Nothing in this Act shall 
        prevent the parties affected thereby from mutually agreeing to 
        the correction of technical errors or omissions in the maps and 
        legal descriptions referred to in subsection (b)(1).
            (4) Valid existing rights.--All lands conveyed under this 
        Act shall be subject to valid existing rights existing as of 
        the date of transfer of title, and each party to which property 
        is conveyed shall succeed to the rights and obligations of the 
        conveying party with respect to any mining claim, mill site 
        claim, lease, right-of-way, permit, or other valid existing 
        right to which the property is subject.
            (5) Administration.--The Secretary is directed to implement 
        and administer all rights and obligations of the United States 
        under this Act.

SEC. 5. DISPOSITION OF PROCEEDS.

    Of the gross proceeds of sales of land under this Act in a fiscal 
year--
            (1) 25 percent of all proceeds, including proceeds from 
        royalties retained by the United States pursuant to this Act, 
        shall be paid directly to the State of Nevada for use in the 
        general education program of the State;
            (2) 10 percent of the initial proceeds, including proceeds 
        from royalties retained by the United States pursuant to this 
        Act, shall be set aside in a trust fund managed by the Bureau 
        of Land Management for the operation of the California Trail 
        Interpretative Center located in Elko County, Nevada;
            (3) from the initial proceeds, excluding proceeds from 
        royalties retained by the United States pursuant to this Act, 
        100 percent of the costs incurred by the Nevada State Office 
        and relevant Field Offices of the Bureau of Land Management in 
        conducting sales under this Act shall be reimbursed; and
            (4) the remaining proceeds, including proceeds from 
        royalties retained by the United States pursuant to this Act, 
        shall be used by the Nevada Division of Minerals and the Nevada 
        Division of Environmental Protection or its successor agencies 
        in cooperation with the Bureau of Land Management and Army Corp 
        of Engineers, for the rehabilitation of lands in Nevada that 
        were subject to historic mining activities.
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