1.This Act may be cited as
the Nevada Mining Townsite Conveyance
Act
.
2.Disposal of
public land in mining townsites, Esmeralda and Nye Counties, Nevada
(a)Congress
finds that—
(1)the Federal
Government owns real property in and around historic mining townsites in the
counties of Esmeralda and Nye in the State of Nevada;
(2)while the real
property described in paragraph (1) is under the jurisdiction of the Secretary,
some of the real property has been occupied for decades by individuals—
(A)who took
possession by purchase or other documented and putatively legal transactions;
and
(B)the continued
occupation by whom constitutes a trespass on the title held by the Federal
Government;
(3)as a result of
the confused and conflicting ownership claims, the real property described in
paragraph (1)—
(A)is difficult to
manage under multiple use policies; and
(B)creates a
continuing source of friction and unease between the Federal Government and
local residents;
(4)(A)all of the real
property described in paragraph (1) is appropriate for disposal for the purpose
of promoting administrative efficiency and effectiveness; and
(B)as of the date of enactment of this
Act, the Bureau of Land Management has identified the mining townsites for
disposal; and
(5)to promote the
responsible resource management of the real property described in paragraph
(1), certain parcels should be conveyed to the county in which the property is
situated in accordance with land use management plans of the Bureau of Land
Management so that the county may, in addition to other actions, dispose of the
property to individuals residing on or otherwise occupying the real
property.
(b)In
this Act:
(1)The term conveyance maps means—
(A)the map entitled
Original Mining Townsite Ione Nevada
and dated October 17, 2005;
and
(B)the map entitled
Original Mining Townsite Gold Point
and dated October 17,
2005.
(2)The term mining townsite means real
property—
(A)located in the
Gold Point and Ione townsites within the counties of Esmeralda and Nye, Nevada,
as depicted on the conveyance maps;
(B)that is owned by
the Federal Government; and
(C)on which
improvements were constructed based on the belief that—
(i)the
property had been or would be acquired from the Federal Government by the
entity that operated the mine; or
(ii)the individual
or entity that made the improvement had a valid claim for acquiring the
property from the Federal Government.
(D)The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(c)Mining claim
validity review
(1)As soon as practicable after the date of enactment of
this Act, the Secretary shall carry out an expedited program to examine each
unpatented mining claim (including each unpatented mining claim for which a
patent application has been filed) within each mining townsite.
(2)Determination
of validityWith respect to a mining claim, if the Secretary
determines that the elements of a contest are present, the Secretary shall
immediately determine the validity of the mining claim.
(3)If the Secretary determines a mining claim to be
invalid, as soon as practicable after the date of the determination, the
Secretary shall declare the mining claim to be null and void.
(4)Treatment of
valid mining claims
(A)Each mining claim that the Secretary determines to be
valid shall be maintained in compliance with the general mining laws and
subsection (d)(2)(B).
(B)A holder of a mining claim described in subparagraph (A)
shall not be entitled to a patent.
(5)The Secretary shall provide—
(A)public notice
that each mining claim holder may affirmatively abandon the claim of the mining
claim holder prior to the validity review; and
(B)to each mining
claim holder an opportunity to abandon the claim of the mining claim holder
before the date on which the land that is subject to the mining claim is
conveyed.
(d)
(1)After completing a validity review under subsection (c)
and notwithstanding sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to
the appropriate county, without consideration, all right, title, and interest
of the United States in and to mining townsites (including improvements on the
mining townsites)—
(A)identified for
conveyance on the conveyance maps; and
(B)that are not
subject to valid mining claims.
(2)
(A)With respect to each parcel of land located in a mining
townsite subject to a valid mining claim, the Secretary shall reserve the
mineral rights and otherwise convey, without consideration, the remaining
right, title, and interest of the United States in and to the mining townsite
(including improvements on the mining townsite) that is identified for
conveyance on a conveyance map.
(B)Procedures and
requirementsEach valid mining claim shall be subject to each
procedure and requirement described in section 9 of the Act of December 29,
1916 (43 U.S.C. 299) (commonly known as the Stockraising Homestead Act
of 1916
) (including regulations).
(3)Availability of
conveyance mapsThe conveyance maps shall be on file and
available for public inspection in the appropriate offices of the Bureau of
Land Management.
(e)
(1)Subject to paragraph (2), the conveyance of a mining
townsite under subsection (d) shall be made to the county in which the mining
townsite is situated.
(2)Reconveyance to
occupants
(A)In the case of a mining townsite conveyed under
subsection (d) for which a valid interest is proven by 1 or more individuals,
under the provisions of Nevada Revised Statutes Chapter 244, the county that
receives the mining townsite under paragraph (1) shall reconvey the property to
the 1 or more individuals by appropriate deed or other legal conveyance as
provided in that chapter.
(B)A county described in subparagraph (A) is not required to
recognize a claim under this paragraph that is submitted on a date that is
later than 5 years after the date of enactment of this Act.
(f)The conveyance of a mining townsite under subsection (d)
shall be subject to valid existing rights, including any easement or other
right-of-way or lease in existence as of the date of the conveyance.
(g)Subject to valid rights in existence on the
date of enactment of this Act, and except as otherwise provided in this Act,
the mining townsites are withdrawn from—
(1)all forms of
entry, appropriation, or disposal under the public land laws;
(2)location, entry,
and patent under the mining laws; and
(3)disposition under
all laws pertaining to mineral and geothermal leasing or mineral
materials.
(h)A mining townsite to be conveyed by the
United States under subsection (d) shall be sufficiently surveyed as a whole to
legally describe the land for patent conveyance.
(i)Conveyance of
terminated mining claimsIf a mining claim determined by the
Secretary to be valid under subsection (c) is abandoned, invalidated, or
otherwise returned to the Bureau of Land Management, the mining claim shall
be—
(1)withdrawn in
accordance with subsection (g); and
(2)conveyed to the
owner of the surface rights covered by the mining claim.
(j)On completion of the conveyance of a mining
townsite under subsection (d), the United States shall be relieved from
liability for, and shall be held harmless from, any and all claims arising from
the presence of improvements and materials on the conveyed property.
(k)Authorization
of appropriationsThere are
authorized to be appropriated to the Secretary such sums as are necessary to
carry out this Act.