[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9516-S9518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 3603. A bill to promote conservation and provide sensible 
development in Carson City, Nevada, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today to reintroduce the Carson City 
Vital Community Act of 2008 for myself and Senator Ensign. We 
originally introduced this bill on July 31, 2008. Since then we have 
sought and received important feedback on the legislation. Carson City, 
numerous citizens, our federal land agencies, and committee staff have 
all brought important ideas to the table. We are reintroducing this 
legislation today so that anyone who has an interest in this 
legislation can see how the bill has improved as result of the input we 
have received.
  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. 3603

       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. 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.

               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 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''.

[[Page S9517]]

       (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--

[[Page S9518]]

       (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.

               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.

                          ____________________