[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3445-S3447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 719. 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; to the Committee 
on Energy and Natural Resources.


             the nevada public land management act of 1999

  Mr. REID. Mr. President, I am proud to introduce today, the Nevada 
Public Land Management Act of 1999. This Act provides a process for the 
sale of public lands to support the expansion and economic development 
of rural communities in Nevada.
  Many of Nevada's rural counties are actively planning for economic 
growth and expansion. However, they are hampered, because more than 87 
percent of Nevada is owned by the Federal Government and some Nevada 
counties are more than 90 percent owned by the federal government. As 
these counties seek to expand economic diversification, they find 
themselves land-locked by Federal lands.
  But a lack of land is not the only problem these counties face. Many 
lack an adequate tax base, due to their lack of private lands. As the 
tax roles shrink and they experience some growth, officials are unable 
to adequately provide the basic public services expected of them. 
Adequate police and fire protection, education, road maintenance, and 
basic health care are suffering.
  The legislation we introduce today will allow for the coordinated 
disposal of Federal lands that have already been identified by the 
Federal government and the Bureau of Land Management as suitable for 
disposal. Simply put, we are setting up a willing seller-willing buyer 
scenario. Sale of these lands will allow for economic diversification 
while implementing smart growth practices. Local governments will 
benefit from an infusion of revenue and a stable tax base to fund basic 
public services.
  Senator Bryan's and my bill requires that disposal of Nevada's lands 
be accomplished by competitive bidding, a process which will ensure 
that the sale of these public lands yield the highest return for the 
public. It is crucial to rural Nevada that we provide revenues for the 
basic services so many Americans take for granted, while also giving 
the Federal government the revenues they need to acquire truly special 
lands for future generations to enjoy.
  Mr. President, this bill was drafted with conscious regard for the 
laws governing the management of public lands. In particular, the bill 
meets the intent of the Federal Land Policy and Management Act in three 
ways. First, it only involves lands determined to be suitable for 
disposal by the Bureau of Land Management's own land use planning 
process. Secondly, the bill assures that state and local governments 
are provided meaningful public involvement in land use decisions for 
public lands. And finally, the bill would allow for expansion of 
communities and economic development.
  Two years ago I convened a Presidential Summit on the shores of Lake 
Tahoe to save the Lake. This Summit created a model of federal, state, 
local, public and private partnership. It is a model that the President 
said can apply across the nation and across the world. We learned there 
that we can call work together to preserve the nation's special places 
and promote economic growth. The legislation we introduce today is 
crafted with the Lake Tahoe Model in mind. It encourages cooperation 
between all levels of government and the private sector. It is 
supported by Nevada state and local officials on a bi-partisan basis 
and our Republican colleague Representative Jim Gibbons has introduced 
similar legislation today in the House.
  This kind of bill shows truly how government can work for the people 
in partnership. I urge its swift passage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 719

       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

[[Page S3446]]

       (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

[[Page S3447]]

       (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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