[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 763 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 763

To promote conservation and provide for sensible development in Carson 
                 City, Nevada, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

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

_______________________________________________________________________

                                 A BILL


 
To promote conservation and provide for sensible development in Carson 
                 City, Nevada, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Carson City Vital 
Community Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                      TITLE I--PUBLIC CONVEYANCES

Sec. 101. Conveyances of Federal land and City land.
Sec. 102. Transfer of administrative jurisdiction from the Forest 
                            Service to the Bureau of Land Management.
                        TITLE II--LAND DISPOSAL

Sec. 201. Disposal of Carson City land.
Sec. 202. Disposition of proceeds.
Sec. 203. Urban interface.
Sec. 204. Availability of funds.
 TITLE III--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE, 
   SKUNK HARBOR CONVEYANCE CORRECTION, FOREST SERVICE AGREEMENT, AND 
                          ARTIFACT COLLECTION

Sec. 301. Transfer of land to be held in trust for Washoe Tribe.
Sec. 302. Correction of Skunk Harbor conveyance.
Sec. 303. Agreement with Forest Service.
Sec. 304. Artifact collection.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means Carson City Consolidated 
        Municipality, Nevada.
            (2) Map.--The term ``Map'' means the map entitled ``Carson 
        City, Nevada Area'', dated September 12, 2008, and on file and 
        available for public inspection in the appropriate offices of--
                    (A) the Bureau of Land Management;
                    (B) the Forest Service; and
                    (C) the City.
            (3) Secretary.--The term ``Secretary'' means--
                    (A) with respect to land in the National Forest 
                System, the Secretary of Agriculture, acting through 
                the Chief of the Forest Service; and
                    (B) with respect to other Federal land, the 
                Secretary of the Interior.
            (4) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior, 
        acting jointly.
            (5) Tribe.--The term ``Tribe'' means the Washoe Tribe of 
        Nevada and California, which is a federally recognized Indian 
        tribe.

                      TITLE I--PUBLIC CONVEYANCES

SEC. 101. CONVEYANCES OF FEDERAL LAND AND CITY LAND.

    (a) In General.--Notwithstanding section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712), if the City offers 
to convey to the United States title to the non-Federal land described 
in subsection (b)(1) that is acceptable to the Secretary of 
Agriculture--
            (1) the Secretary shall accept the offer; and
            (2) not later than 180 days after the date on which the 
        Secretary receive acceptable title to the non-Federal land 
        described in subsection (b)(1), the Secretaries shall convey to 
        the City, subject to valid existing rights and for no 
        consideration, except as provided in subsection (c)(1), all 
        right, title, and interest of the United States in and to the 
        Federal land (other than any easement reserved under subsection 
        (c)(2)) or interest in land described in subsection (b)(2).
    (b) Description of Land.--
            (1) Non-federal land.--The non-Federal land referred to in 
        subsection (a) is the approximately 2,264 acres of land 
        administered by the City and identified on the Map as ``To U.S. 
        Forest Service''.
            (2) Federal land.--The Federal land referred to in 
        subsection (a)(2) is--
                    (A) the approximately 935 acres of Forest Service 
                land identified on the Map as ``To Carson City for 
                Natural Areas'';
                    (B) the approximately 3,604 acres of Bureau of Land 
                Management land identified on the Map as ``Silver 
                Saddle Ranch and Carson River Area'';
                    (C) the approximately 1,862 acres of Bureau of Land 
                Management land identified on the Map as ``To Carson 
                City for Parks and Public Purposes''; and
                    (D) the approximately 75 acres of City land in 
                which the Bureau of Land Management has a reversionary 
                interest that is identified on the Map as 
                ``Reversionary Interest of the United States 
                Released''.
    (c) Conditions.--
            (1) Consideration.--Before the conveyance of the 62-acre 
        Bernhard parcel to the City, the City shall deposit in the 
        special account established by section 202(b)(1) an amount 
        equal to 25 percent of the difference between--
                    (A) the amount for which the Bernhard parcel was 
                purchased by the City on July 18, 2001; and
                    (B) the amount for which the Bernhard parcel was 
                purchased by the Secretary on March 24, 2006.
            (2) Conservation easement.--As a condition of the 
        conveyance of the land described in subsection (b)(2)(B), the 
        Secretary, in consultation with Carson City and affected local 
        interests, shall reserve a perpetual conservation easement to 
        the land to protect, preserve, and enhance the conservation 
        values of the land, consistent with subsection (d)(2).
            (3) Costs.--Any costs relating to the conveyance under 
        subsection (a), including any costs for surveys and other 
        administrative costs, shall be paid by the recipient of the 
        land being conveyed.
    (d) Use of Land.--
            (1) Natural areas.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the land described in subsection (b)(2)(A) shall 
                be managed by the City to maintain undeveloped open 
                space and to preserve the natural characteristics of 
                the land in perpetuity.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the City may--
                            (i) conduct projects on the land to reduce 
                        fuels;
                            (ii) construct and maintain trails, 
                        trailhead facilities, and any infrastructure on 
                        the land that is required for municipal water 
                        and flood management activities; and
                            (iii) maintain or reconstruct any 
                        improvements on the land that are in existence 
                        on the date of enactment of this Act.
            (2) Silver saddle ranch and carson river area.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the land described in subsection (b)(2)(B) shall--
                            (i) be managed by the City to protect and 
                        enhance the Carson River, the floodplain and 
                        surrounding upland, and important wildlife 
                        habitat; and
                            (ii) be used for undeveloped open space, 
                        passive recreation, customary agricultural 
                        practices, and wildlife protection.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the City may--
                            (i) construct and maintain trails and 
                        trailhead facilities on the land;
                            (ii) conduct projects on the land to reduce 
                        fuels;
                            (iii) maintain or reconstruct any 
                        improvements on the land that are in existence 
                        on the date of enactment of this Act; and
                            (iv) allow the use of motorized vehicles on 
                        designated roads, trails, and areas in the 
                        south end of Prison Hill.
            (3) Parks and public purposes.--The land described in 
        subsection (b)(2)(C) shall be managed by the City for--
                    (A) undeveloped open space; and
                    (B) recreation or other public purposes consistent 
                with the Act of June 14, 1926 (commonly known as the 
                ``Recreation and Public Purposes Act'') (43 U.S.C. 869 
                et seq.).
            (4) Reversionary interest.--
                    (A) Release.--The reversionary interest described 
                in subsection (b)(2)(D) shall terminate on the date of 
                enactment of this Act.
                    (B) Conveyance by city.--
                            (i) In general.--If the City sells, leases, 
                        or otherwise conveys any portion of the land 
                        described in subsection (b)(2)(D), the sale, 
                        lease, or conveyance of land shall be--
                                    (I) through a competitive bidding 
                                process; and
                                    (II) except as provided in clause 
                                (ii), for not less than fair market 
                                value.
                            (ii) Conveyance to government or 
                        nonprofit.--A sale, lease, or conveyance of 
                        land described in subsection (b)(2)(D) to the 
                        Federal Government, a State government, a unit 
                        of local government, or a nonprofit 
                        organization shall be for consideration in an 
                        amount equal to the price established by the 
                        Secretary of the Interior under section 2741 of 
                        title 43, Code of Federal Regulation (or 
                        successor regulations).
                            (iii) Disposition of proceeds.--The gross 
                        proceeds from the sale, lease, or conveyance of 
                        land under clause (i) shall be distributed in 
                        accordance with section 202(a).
    (e) Reversion.--If land conveyed under subsection (a) is used in a 
manner that is inconsistent with the uses described in paragraph (1), 
(2), (3), or (4) of subsection (d), the land shall, at the discretion 
of the Secretary, revert to the United States.
    (f) Miscellaneous Provisions.--
            (1) In general.--On conveyance of the non-Federal land 
        under subsection (a) to the Secretary of Agriculture, the non-
        Federal land shall--
                    (A) become part of the Humboldt-Toiyabe National 
                Forest; and
                    (B) be administered in accordance with the laws 
                (including the regulations) and rules generally 
                applicable to the National Forest System.
            (2) Management plan.--The Secretary of Agriculture, in 
        consultation with the City and other interested parties, may 
        develop and implement a management plan for National Forest 
        System land that ensures the protection and stabilization of 
        the National Forest System land to minimize the impacts of 
        flooding on the City.
    (g) Conveyance to Bureau of Land Management.--
            (1) In general.--If the City offers to convey to the United 
        States title to the non-Federal land described in paragraph (2) 
        that is acceptable to the Secretary of the Interior, the land 
        shall, at the discretion of the Secretary, be conveyed to the 
        United States.
            (2) Description of land.--The non-Federal land referred to 
        in paragraph (1) is the approximately 136 acres of land 
        administered by the City and identified on the Map as ``To 
        Bureau of Land Management''.
            (3) Costs.--Any costs relating to the conveyance under 
        paragraph (1), including any costs for surveys and other 
        administrative costs, shall be paid by the Secretary of the 
        Interior.

SEC. 102. TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE FOREST 
              SERVICE TO THE BUREAU OF LAND MANAGEMENT.

    (a) In General.--Administrative jurisdiction over the approximately 
50 acres of Forest Service land identified on the Map as ``Parcel #1'' 
is transferred, from the Secretary of Agriculture to the Secretary of 
the Interior.
    (b) Costs.--Any costs relating to the transfer under subsection 
(a), including any costs for surveys and other administrative costs, 
shall be paid by the Secretary of the Interior.
    (c) Use of Land.--
            (1) Right-of-way.--Not later than 120 days after the date 
        of enactment of this Act, the Secretary of the Interior shall 
        grant to the City a right-of-way for the maintenance of flood 
        management facilities located on the land.
            (2) Disposal.--The land referred to in subsection (a) shall 
        be disposed of in accordance with section 201.
            (3) Disposition of proceeds.--The gross proceeds from the 
        disposal of land under paragraph (2) shall be distributed in 
        accordance with section 202(a).

                        TITLE II--LAND DISPOSAL

SEC. 201. DISPOSAL OF CARSON CITY LAND.

    (a) In General.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
the Secretary of the Interior shall, in accordance with that Act, this 
title, and other applicable law, and subject to valid existing rights, 
conduct sales of the Federal land described in subsection (b) to 
qualified bidders.
    (b) Description of Land.--The Federal land referred to in 
subsection (a) is--
            (1) the approximately 108 acres of Bureau of Land 
        Management land identified as ``Lands for Disposal'' on the 
        Map; and
            (2) the approximately 50 acres of land identified as 
        ``Parcel #1'' on the Map.
    (c) Compliance With Local Planning and Zoning Laws.--Before a sale 
of Federal land under subsection (a), the City shall submit to the 
Secretary a certification that qualified bidders have agreed to comply 
with--
            (1) City zoning ordinances; and
            (2) any master plan for the area approved by the City.
    (d) Method of Sale; Consideration.--The sale of Federal land under 
subsection (a) shall be--
            (1) consistent with subsections (d) and (f) of section 203 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1713);
            (2) unless otherwise determined by the Secretary, through a 
        competitive bidding process; and
            (3) for not less than fair market value.
    (e) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        except as provided in paragraph (2), the Federal land described 
        in subsection (b) is withdrawn from--
                    (A) all forms of entry and appropriation under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws.
            (2) Exception.--Paragraph (1)(A) shall not apply to sales 
        made consistent with this section.
    (f) Deadline for Sale.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date of enactment of this Act, if 
        there is a qualified bidder for the land described in 
        paragraphs (1) and (2) of subsection (b), the Secretary of the 
        Interior shall offer the land for sale to the qualified bidder.
            (2) Postponement; exclusion from sale.--
                    (A) Request by carson city for postponement or 
                exclusion.--At the request of the City, the Secretary 
                shall postpone or exclude from the sale under paragraph 
                (1) all or a portion of the land described in 
                paragraphs (1) and (2) of subsection (b).
                    (B) Indefinite postponement.--Unless specifically 
                requested by the City, a postponement under 
                subparagraph (A) shall not be indefinite.

SEC. 202. DISPOSITION OF PROCEEDS.

    (a) In General.--Of the proceeds from the sale of land under 
sections 101(d)(4)(B) and 201(a)--
            (1) 5 percent shall be paid directly to the State for use 
        in the general education program of the State; and
            (2) the remainder shall be deposited in a special account 
        in the Treasury of the United States, to be known as the 
        ``Carson City Special Account'', and shall be available without 
        further appropriation to the Secretary until expended to--
                    (A) reimburse costs incurred by the Bureau of Land 
                Management for preparing for the sale of the Federal 
                land described in section 201(b), including the costs 
                of--
                            (i) surveys and appraisals; and
                            (ii) compliance with--
                                    (I) the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                    (II) sections 202 and 203 of the 
                                Federal Land Policy and Management Act 
                                of 1976 (43 U.S.C. 1712, 1713);
                    (B) reimburse costs incurred by the Bureau of Land 
                Management and Forest Service for preparing for, and 
                carrying out, the transfers of land to be held in trust 
                by the United States under section 301; and
                    (C) acquire environmentally sensitive land or an 
                interest in environmentally sensitive land in the City.
    (b) Silver Saddle Endowment Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a special account, to be known as the 
        ``Silver Saddle Endowment Account'', consisting of such amounts 
        as are deposited under section 101(c)(1).
            (2) Availability of amounts.--Amounts deposited in the 
        account established by paragraph (1) shall be available to the 
        Secretary, without further appropriation, for the oversight and 
        enforcement of the conservation easement established under 
        section 101(c)(2).

SEC. 203. URBAN INTERFACE.

    (a) In General.--Except as otherwise provided in this Act and 
subject to valid existing rights, the Federal land described in 
subsection (b) is permanently withdrawn from--
            (1) all forms of entry and appropriation under the public 
        land laws and mining laws;
            (2) location and patent under the mining laws; and
            (3) operation of the mineral laws, geothermal leasing laws, 
        and mineral material laws.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 19,747 acres, which is identified on the Map 
as ``Urban Interface Withdrawal''.
    (c) Incorporation of Acquired Land and Interests.--Any land or 
interest in land within the boundaries of the land described in 
subsection (b) that is acquired by the United States after the date of 
enactment of this Act shall be withdrawn in accordance with this 
section.
    (d) Off-Highway Vehicle Management.--Until the date on which the 
Secretary, in consultation with the State, the City, and any other 
interested persons, completes a transportation plan for Federal land in 
the City, the use of motorized and mechanical vehicles on Federal land 
within the City shall be limited to roads and trails in existence on 
the date of enactment of this Act unless the use of the vehicles is 
needed--
            (1) for administrative purposes; or
            (2) to respond to an emergency.

SEC. 204. AVAILABILITY OF FUNDS.

    Section 4(e) of the Southern Nevada Public Land Management Act of 
1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 
1317; 118 Stat. 2414; 120 Stat. 3045) is amended--
            (1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln, 
        and White Pine Counties and Washoe County (subject to paragraph 
        4))'' and inserting ``Clark, Lincoln, and White Pine Counties 
        and Washoe County (subject to paragraph 4)) and Carson City 
        (subject to paragraph (5))'';
            (2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln, 
        and White Pine Counties'' and inserting ``Clark, Lincoln, and 
        White Pine Counties and Carson City (subject to paragraph 
        (5))'';
            (3) in paragraph (4), by striking ``2011'' and inserting 
        ``2015''; and
            (4) by adding at the end the following:
            ``(5) Limitation for carson city.--Carson City shall be 
        eligible to nominate for expenditure amounts to acquire land or 
        an interest in land for parks or natural areas and for 
        conservation initiatives--
                    ``(A) adjacent to the Carson River; or
                    ``(B) within the floodplain of the Carson River.''.

 TITLE III--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE, 
   SKUNK HARBOR CONVEYANCE CORRECTION, FOREST SERVICE AGREEMENT, AND 
                          ARTIFACT COLLECTION

SEC. 301. TRANSFER OF LAND TO BE HELD IN TRUST FOR WASHOE TRIBE.

    (a) In General.--Subject to valid existing rights, all right, 
title, and interest of the United States in and to the land described 
in subsection (b)--
            (1) shall be held in trust by the United States for the 
        benefit and use of the Tribe; and
            (2) shall be part of the reservation of the Tribe.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 293 acres, which is identified on the Map as 
``To Washoe Tribe''.
    (c) Survey.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Agriculture shall complete a survey of the 
boundary lines to establish the boundaries of the land taken into trust 
under subsection (a).
    (d) Use of Land.--
            (1) Gaming.--Land taken into trust under subsection (a) 
        shall not be eligible, or considered to have been taken into 
        trust, for class II gaming or class III gaming (as those terms 
        are defined in section 4 of the Indian Gaming Regulatory Act 
        (25 U.S.C. 2703)).
            (2) Trust land for ceremonial use and conservation.--With 
        respect to the use of the land taken into trust under 
        subsection (a) that is above the 5,200' elevation contour, the 
        Tribe--
                    (A) shall limit the use of the land to--
                            (i) traditional and customary uses; and
                            (ii) stewardship conservation for the 
                        benefit of the Tribe; and
                    (B) shall not permit any--
                            (i) permanent residential or recreational 
                        development on the land; or
                            (ii) commercial use of the land, including 
                        commercial development or gaming.
            (3) Trust land for commercial and residential use.--With 
        respect to the use of the land taken into trust under 
        subsection (a), the Tribe shall limit the use of the land below 
        the 5,200' elevation to--
                    (A) traditional and customary uses;
                    (B) stewardship conservation for the benefit of the 
                Tribe; and
                    (C)(i) residential or recreational development; or
                    (ii) commercial use.
            (4) Thinning; landscape restoration.--With respect to the 
        land taken into trust under subsection (a), the Secretary of 
        Agriculture, in consultation and coordination with the Tribe, 
        may carry out any thinning and other landscape restoration 
        activities on the land that is beneficial to the Tribe and the 
        Forest Service.

SEC. 302. CORRECTION OF SKUNK HARBOR CONVEYANCE.

    (a) Purpose.--The purpose of this section is to amend Public Law 
108-67 (117 Stat. 880) to make a technical correction relating to the 
land conveyance authorized under that Act.
    (b) Technical Correction.--Section 2 of Public Law 108-67 (117 
Stat. 880) is amended--
            (1) by striking ``Subject to'' and inserting the following:
    ``(a) In General.--Subject to'';
            (2) in subsection (a) (as designated by paragraph (1)), by 
        striking ``the parcel'' and all that follows through the period 
        at the end and inserting the following: ``and to approximately 
        23 acres of land identified as `Parcel A' on the map entitled 
        `Skunk Harbor Conveyance Correction' and dated September 12, 
        2008, the western boundary of which is the low water line of 
        Lake Tahoe at elevation 6,223.0 (Lake Tahoe Datum).''; and
            (3) by adding at the end the following:
    ``(b) Survey and Legal Description.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary of Agriculture 
        shall complete a survey and legal description of the boundary 
        lines to establish the boundaries of the trust land.
            ``(2) Technical corrections.--The Secretary may correct any 
        technical errors in the survey or legal description completed 
        under paragraph (1).
    ``(c) Public Access and Use.--Nothing in this Act prohibits any 
approved general public access (through existing easements or by boat) 
to, or use of, land remaining within the Lake Tahoe Basin Management 
Unit after the conveyance of the land to the Secretary of the Interior, 
in trust for the Tribe, under subsection (a), including access to, and 
use of, the beach and shoreline areas adjacent to the portion of land 
conveyed under that subsection.''.
    (c) Date of Trust Status.--The trust land described in section 2(a) 
of Public Law 108-67 (117 Stat. 880) shall be considered to be taken 
into trust as of August 1, 2003.
    (d) Transfer.--The Secretary of the Interior, acting on behalf of 
and for the benefit of the Tribe, shall transfer to the Secretary of 
Agriculture administrative jurisdiction over the land identified as 
``Parcel B'' on the map entitled ``Skunk Harbor Conveyance Correction'' 
and dated September 12, 2008.

SEC. 303. AGREEMENT WITH FOREST SERVICE.

    The Secretary of Agriculture, in consultation with the Tribe, shall 
develop and implement a cooperative agreement that ensures regular 
access by members of the Tribe and other people in the community of the 
Tribe across National Forest System land from the City to Lake Tahoe 
for cultural and religious purposes.

SEC. 304. ARTIFACT COLLECTION.

    (a) Notice.--At least 180 days before conducting any ground 
disturbing activities on the land identified as ``Parcel #2'' on the 
Map, the City shall notify the Tribe of the proposed activities to 
provide the Tribe with adequate time to inventory and collect any 
artifacts in the affected area.
    (b) Authorized Activities.--On receipt of notice under subsection 
(a), the Tribe may collect and possess any artifacts relating to the 
Tribe in the land identified as ``Parcel #2'' on the Map.
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