[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[Senate]
[Pages S7947-S7952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 3393. A bill to promote conservation and provide for sensible 
development in Carson City, Nevada, and for

[[Page S7948]]

other purposes; to the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, today I rise with my good friend Senator 
Ensign to introduce the Carson City Vital Community Act of 2008.
  The origins of this legislation can be found in Carson City's 
collaborative master planning effort, ``Envision Carson City.'' In 
2004, the elected officials in Carson City started a dialogue with 
their citizens to determine how the city should grow and change over 
the next 20 years. At the end of a 2-year public process, city leaders 
had a clear message from their residents. The community wants to keep 
growth compact, maintain the integrity of the Bureau of Land Management 
(BLM) and Forest Service lands surrounding the town, enhance open space 
opportunities and maintain easy access to public lands. The Carson City 
Vital Community Act of 2008 was developed in close partnership with 
Carson City and other key stakeholders to help fulfill these goals.
  Before I describe this legislation and its importance, it might be 
helpful for me to explain that Carson City is both a city and a county. 
It wasn't always this way. For over a hundred years the town of Carson 
City was the county seat of Ormsby County. But in 1969 the county 
dissolved and the government functions were consolidated into what we 
now simply call Carson City.
  Like all but one of our counties in Nevada, Carson City is mostly 
Federal land. The town of Carson City is bounded on the west by Forest 
Service lands that stretch to the shores of Lake Tahoe and by BLM lands 
on the east. These open landscapes create a dramatic western backdrop 
for Nevada's State capital but also mean that the Federal Government is 
intimately involved in what would normally be local community 
decisions.
  This legislation makes much needed adjustments to the pattern of 
Federal land ownership in Carson City. We have strived to make changes 
that will improve the ability of the Federal land management agencies 
to focus on their core goals. All too often, the BLM and the Forest 
Service are distracted from proper forest and range management by urban 
encroachment issues. We have a unique situation in Carson City where 
the community has offered to take on the responsibilities of managing 
the wildland-urban interface, while also offering to convey a major 
inholding to the Forest Service for incorporation into the Humboldt-
Toiyabe National Forest. This is a major step in the right direction 
and hopefully will serve as a model for other communities around the 
west.
  Our legislation also provides lands to the Washoe Tribe, 
strengthening the Tribe's conservation and commercial efforts in Carson 
City. Additionally, nearly 20,000 acres of BLM lands surrounding Carson 
City will be permanently withdrawn from future develop to protect local 
viewsheds and public access. All of these actions will move Carson City 
one step closer to realizing the vision that it worked hard to develop 
through a public process that has now spanned over four years.
  Title I of this legislation aims to create a sensible land ownership 
pattern in Carson City, aligned with the community's vision of keeping 
growth compact and maintaining the integrity of the surrounding public 
lands. It also addresses two serious concerns facing the community: 
wildfires in the foothills of the Sierras and flooding along the Carson 
River.
  Under this title, roughly 2,200 acres of Carson City land will be 
transferred to the Forest Service. This prime, forested land is far 
removed from Carson City and is surrounded by state park lands and the 
Humboldt-Toiyabe National Forest. Incorporating this large inholding 
into the Humboldt-Toiyabe will allow for improved management for 
wildlife habitat, watershed protection, and other important uses. It 
will also ensure that the land remains undeveloped and open for public 
access.
  This title also makes important adjustments to the pattern of city 
and Federal lands on the west side of the town. Roughly 1,000 acres of 
Forest Service land bordering urban areas will be conveyed to Carson 
City as protected open space. This conveyance will let both Carson City 
and the Forest Service do what they do best. Carson City can more 
actively manage urban interface uses and the Forest Service can focus 
on their core responsibilities of resource protection and forest 
health.
  Proper management of this buffer area between Carson City's 
neighborhoods and businesses and the broader public lands is an issue 
of great concern to the community. On July 14, 2004, thirty-one homes 
and three businesses were destroyed or damaged in the Waterfall Fire 
which spanned nearly 9,000 acres of public and private land. Through 
our legislation, the Forest Service land that currently borders 
neighborhoods will be conveyed to Carson City, allowing the city to 
take a more prominent role in managing fuel loads in this critical 
area.
  There is a different threat on the east side of Carson Valley. The 
Carson River has a long history of dramatic flooding. Over the last 150 
years the river has flooded over 30 times, with half of those floods 
causing extensive damage. Two 100-year flood events have struck just in 
the last decade, one of which caused over $5 million in damage. In a 
show of real vision and leadership, Carson City has started an 
aggressive campaign to acquire land along the Carson River, recognizing 
the value of protecting the natural function of the local floodplains.

  Our legislation will enhance Carson City's efforts to acquire lands 
in the river corridor by conveying the 3,500-acre Silver Saddle Ranch 
and Prison Hill area from BLM to the city. Transferring these 
properties to Carson City will help create a large regional park along 
the Carson River, support the community's flood control efforts and 
address the community's call for open space. The city has been a key 
partner in the management of the Silver Saddle Ranch for over a decade. 
Along with the Friends of Silver Saddle, Carson City has taken the lead 
on the day-to-day management of the property, including providing law 
enforcement patrols and caring for facilities.
  It is important to note that when this land is conveyed to the city 
it will come with conditions. The Federal Government will hold a 
conservation easement on these parcels to ensure that the scenic and 
natural qualities of the Silver Saddle Ranch and Prison Hill are 
protected in perpetuity. The details of the conservation easement, 
which will focus on protecting the river corridor and the important 
wildlife habitat associated with the property, will be worked out by 
BLM, Carson City and key stakeholders like Friends of Silver Saddle and 
The Nature Conservancy.
  In addition to supporting Carson City's forward-looking plans for the 
Carson River and its floodplain, conveying the Silver Saddle and Prison 
Hill area to Carson City also makes sense from a resource management 
perspective. BLM's Carson City District Office manages over 5 million 
acres of public land in western Nevada and eastern California. Their 
strength is managing Nevada's wide open spaces--not urban interface. 
Carson City, on the other hand, has far more resources to bring to bear 
in managing the Silver Saddle Ranch and Prison Hill area. Carson City 
has over 20 employees working on parks and open space, including two 
park rangers. They also have contracts in place with some of Nevada's 
most respected natural resource experts. The BLM will also keep a light 
hand in the management of this property by virtue of the conservation 
easement.
  There is one unique provision related to the Silver Saddle Ranch and 
Prison Hill conveyance that deserves special mention. A small section 
of this land was once owned by Carson City. This 62-acre property, 
known as the Bernhard parcel, was slated to be subdivided into 35 home 
sites in 2001. The BLM and Carson City both recognized that the 
acquisition of this land was a priority for the protection of the 
Carson River corridor. Carson City responded quickly and acquired the 
parcel for open space before it could be developed. Their purchase 
price in 2001 was roughly $1 million. Later, in 2006, the BLM purchased 
the Bernhard parcel from Carson City for fair market value, which by 
that time had reached $2.5 million.
  Under this legislation, we transfer the Bernhard parcel back to 
Carson City as part of the Silver Saddle Ranch and Carson River Area. 
We feel it is important that Carson City pay back 25 percent of the 
$1.5 million profit they made on their transaction with the

[[Page S7949]]

BLM. Why just 25 percent? The 25 percent reflects the remaining value 
of the land that is being conveyed back to Carson City after the 
conservation easement is taken into account. In western Nevada, 
conservation easements restricting development typically reduce 
property values by anywhere from 75 percent to 90 percent. We have 
required Carson City to come up with 25 percent, the most generous 
estimate of remaining value for the Bernhard parcel. When received, 
these funds will be placed into an endowment account for the BLM to use 
for the monitoring and enforcement of the conservation easement on the 
Silver Saddle Ranch and Prison Hill Area.
  Our legislation also conveys roughly 1,700 acres of BLM land to 
Carson City for recreation and public purposes and open space. These 
are scattered parcels of BLM land in and around Carson City that would 
be used for primarily for parks, but also for flood control structures, 
municipal infrastructure like water tanks, and to give residents room 
to roam. Carson City already controls roughly a third of these acres 
through Recreation and Public Purpose Act leases. This bill would 
quickly and efficiently transfer these lands to the city.
  Another provision of Title I deals with 53 acres of land that Carson 
City acquired from BLM years ago, under the Recreation and Public 
Purposes Act. The city now believes the land is better suited for 
commercial development. Although Carson City already owns these lands, 
by statute, if the city uses the land for something other than public 
purposes, the land reverts back to the BLM. Our legislation would 
remove the reversionary interest on these 50 acres so that Carson City 
can sell the land at an appropriate time. If the City decides to sell 
the land, we require that it be auctioned, with proceeds returning to 
the Carson City special account which provides funding for federal 
acquisition of sensitive lands and protection of noted cultural 
resources.
  One of the parcels where the federal interest would be released is 
home to the Carson City Gun Club. Once on the edge of town, the 
shooting range is now surrounded by commercial development and the 
Eagle Valley Golf Course. Although our legislation would allow Carson 
City to sell this land, we have asked for and received a commitment 
that Carson City will not sell this property until the shooting 
facility has been relocated to another, more appropriate location.

  The first title of our legislation also transfers 50 acres of Forest 
Service land to the BLM. The Forest Service is also authorized to 
develop and implement, in partnership with Carson City, a plan for 
managing its land in a way that minimizes the impact of flood events on 
nearby residential areas.
  Under Title II, 150 acres of federal lands would be made available 
for sale through an open and competitive process. This includes the 50 
acres transferred from the Forest Service to the BLM in Title 1. All of 
the lands identified for sale in our legislation are isolated or 
seriously impacted by nearby commercial or residential development. 
Both agencies have concluded that these parcels should be disposed of 
and that this action is consistent with their respective management 
plans.
  Similar to past Nevada land bills, this legislation directs the 
Secretary of Interior to reinvest the proceeds of these limited land 
sales back into important public projects. Ninety-five percent of the 
proceeds will be used to acquire environmentally sensitive lands in 
Carson City and to protect archaeological resources. The remaining five 
percent of the proceeds will go to Nevada's general education program.
  This title also permanently withdraws nearly 20,000 acres of BLM 
lands in Carson City from land sales and mineral development. These 
same lands, located north and east of Carson City are already 
administratively withdrawn by the BLM. This bill would make the 
withdrawal permanent, preserving foothill views, open space and access 
to public lands, in line with ``Envision Carson City.''
  Our bill also provides guidance that Off-Highway Vehicle (OHV) use on 
BLM lands in Carson City should be restricted to existing roads and 
trails until the BLM completes their travel management planning 
process. The Pine Nut Mountains east of Carson City are a favorite 
destination for local and visiting OHV enthusiasts. This provision will 
better protect this area until routes can be designated.
  Finally, the second title of the bill opens a new avenue for Carson 
City to continue their conservation efforts along the Carson River. The 
Southern Nevada Public Land Management Act (SNPLMA) will be amended to 
authorize funds for Carson City to acquire land for parks and trails 
along the Carson River and to authorize conservation initiatives, also 
along the Carson River. In addition, we make a small change to SNPLMA 
which will only affect Washoe County. In the White Pine County bill of 
2006 (P. L. 109-432), Washoe County was given access to SNPLMA through 
2011 to acquire part of the Ballardini Ranch. The county has made good 
progress towards this acquisition, but may not make the 2011 deadline. 
We are pleased to extend the authorization to 2015.
  Title III addresses the Washoe Tribe's pressing need for more land 
for residential and commercial development. Tribal lands adjacent to 
both of the colonies in Carson City, Stewart and Carson, would be 
expanded by this legislation. Carson Colony tribal lands would grow by 
over 280 acres. On this parcel, the lands located below the 5,200-foot 
elevation contour would be available for residential or commercial 
development. The lands above the 5,200-foot contour would only be 
available for traditional tribal uses, like ceremonial gatherings, 
hunting and plant collecting. Tribal lands at the Stewart Colony would 
grow by only 5 acres, all of which would be available for commercial 
and residential development.
  In 2003, Senator Ensign and I passed legislation that conveyed 25 
acres of Forest Service land at Skunk Harbor, on the shores of Lake 
Tahoe, to the Washoe Tribe. Unfortunately, the parcel was not 
accurately described in the legislation and consequently the land that 
was conveyed did not fully reflect our commitment to the Tribe. This 
bill includes a technical correction that will provide a long overdue 
fix to the Washoe Indian Tribe Trust Land Conveyance (P. L. 108-67).
  Lastly, this bill directs the Forest Service to develop a cooperative 
agreement with the Washoe Tribe to ensure the Tribe's access across 
Forest Service land for their traditional ``lifeway'' walk to Lake 
Tahoe. For centuries the Washoe people have moved from the Pine Nut 
Mountains east of Carson City in the fall to Lake Tahoe in the summer. 
Our legislation ensures that they are able to continue this important 
tradition.
  This bill, is built on years of public input. We believe it is a 
model piece of legislation and appreciate the support of our colleagues 
in this effort. We look forward to working with Chairman Bingaman, 
Ranking Member Domenici and the other distinguished members of the 
Energy and Natural Resources Committee to move this bill forward during 
the time we have remaining in this legislative session.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3393

       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 2008''.
       (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. Withdrawal.
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.

[[Page S7950]]

Sec. 302. Correction of Skunk Harbor conveyance.
Sec. 303. Agreement with Forest Service.
Sec. 304. Artifact collection.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

     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 July 17, 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) 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) and 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1600 et seq.), 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 of Agriculture shall accept the offer; 
     and
       (2) not later than 180 days after the date on which the 
     Secretary of Agriculture receives acceptable title to the 
     non-Federal land described in subsection (b)(1), the 
     Secretary of Agriculture and the Secretary of Interior 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 or interest in land described in subsection 
     (b)(2).
       (b) Description of Land.--
       (1) Non-federal land.--The parcels of non-Federal land 
     referred to in subsection (a) are the approximately 2,260 
     acres of land administered by the City and identified on the 
     Map as ``To the U.S. Forest Service''.
       (2) Federal land.--The parcels of Federal land referred to 
     in subsection (a)(2) are--
       (A) the approximately 1,012 acres of Forest Service land 
     identified on the Map as ``To Carson City for Natural 
     Areas'';
       (B) the approximately 3,526 acres of Bureau of Land 
     Management land identified on the Map as ``Silver Saddle 
     Ranch and Carson River Area'';
       (C) the approximately 1,746 acres of Bureau of Land 
     Management land identified on the Map as ``To Carson City for 
     Parks and Public Purposes''; and
       (D) the approximately 53 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 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 17, 2006.
       (2) Conservation easement.--As a condition of the 
     conveyance of the parcels of 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 parcels to protect, preserve, 
     and enhance the conservation values of the parcels, 
     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 parcel of 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 parcel of land in 
     perpetuity.
       (B) Exception.--Notwithstanding subparagraph (A), the City 
     may--
       (i) conduct projects on the parcel of land to reduce fuels;
       (ii) construct and maintain trails, trailhead facilities, 
     and any infrastructure on the parcel of land that is required 
     for municipal water and flood management activities; and
       (iii) maintain or reconstruct any improvements on the 
     parcel of 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 parcel of 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 parcel of land;
       (ii) conduct projects on the parcel of land to reduce 
     fuels;
       (iii) maintain or reconstruct any improvements on the 
     parcel of 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 parcel of land 
     described in subsection (b)(2)(C) shall be managed by the 
     City for--
       (A) undeveloped open space; or
       (B) recreation or other public purposes in accordance 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 2741.8 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 a parcel of 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 parcel of 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.

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

       (a) Conveyance.--Notwithstanding the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
     seq.), 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 parcels of Federal land described in subsection (b) to 
     qualified bidders.
       (b) Description of Land.--The parcels of Federal land 
     referred to in subsection (a) are--
       (1) the approximately 103 acres of Bureau of Land 
     Management land identified as ``Lands for Disposal'' on the 
     Map; and
       (2) the approximately 50 acres of Bureau of Land Management 
     land identified as ``Parcel #1'' on the Map.

[[Page S7951]]

       (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.--Subject to valid existing rights, the 
     Federal land described in subsection (b) is withdrawn from--
       (1) all forms of entry and appropriation under the public 
     land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing and geothermal leasing 
     laws.
       (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;
       (C) acquire land or an interest in environmentally 
     sensitive land; and
       (D) conduct an inventory of, evaluate, and protect unique 
     archaeological resources (as defined in section 3 of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470bb)) of 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 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).
       (c) Investment of Accounts.--
       (1) In general.--Amounts deposited as principal in the 
     Carson City Special Account established by subsection (a)(2) 
     and the Silver Saddle Endowment Account established by 
     subsection (b)(1) 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.
       (2) Availability.--Any interest earned under paragraph (1) 
     shall be--
       (A) added to the principal of the applicable account; and
       (B) expended in accordance with subsection (a)(2) or 
     (b)(2), as applicable.

     SEC. 203. WITHDRAWAL.

       (a) In General.--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) 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), the Tribe--
       (A) shall limit the use of the land above the 5,200' 
     elevation contour 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 identified as ``To Washoe 
     Tribe'' on the Map, 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 #1' on 
     the map entitled `Skunk Harbor Conveyance Correction' and 
     dated June 24, 2008, the western boundary of which is the low 
     water line of Lake Tahoe at elevation 6,223.0 (Lake Tahoe 
     Datum).''; and

[[Page S7952]]

       (3) by adding at the end the following:
       ``(b) Survey.--Not later than 180 days after the date of 
     enactment of this subsection, the Secretary of Agriculture 
     shall complete a survey of the boundary lines to establish 
     the boundaries of the trust land.
       ``(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 #2'' on the map entitled 
     ``Skunk Harbor Conveyance Correction'' and dated June 24, 
     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.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______