[Congressional Record Volume 156, Number 80 (Tuesday, May 25, 2010)]
[Senate]
[Pages S4213-S4214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 3408. A bill to provide for the conveyance of certain public land 
in and around historic mining townsites located in the State of Nevada, 
and for 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 Nevada Mining Townsite Conveyance Act of 2010. 
The residents of the towns Ione and Gold Point in Nevada have asked for 
our help in settling longstanding trespass issues that have seriously 
affected these communities for decades. This bill would convey 682 
acres managed by the Bureau of Land Management's, BLM, Tonopah Field 
Office to clear up decades old confusion over property ownership in 
these two historic mining towns.
  Ione and Gold Point were founded in central Nevada during the last 
half of the nineteenth century. Like other early towns in Nevada, they 
endured the boom and bust cycle so common to mining camps. A very long 
time ago both of these towns were surveyed and approved for townships, 
but through some misfortune the proof of patent was never recorded by 
the U.S. Government Land Office and title for the land was never 
transferred. Nevertheless, these towns have been continuously occupied 
for over 100 years.
  Many residents in Ione and Gold Point live on the same land that 
their families settled on decades earlier. These citizens have paid 
their property taxes and made improvements to their properties. They 
have rehabilitated historic structures and built new ones. Regrettably, 
the historical documents by which these citizens claim possession do 
not satisfy modern requirements for demonstrating lawful ownership of 
their properties. Because these documents are legally insufficient and 
have been deemed invalid, the BLM retains legal ownership of the land. 
Thus, the BLM has determined that these residents of Ione and Gold 
Point and their homes are in trespass on Federal land.
  This situation is untenable. Local residents, the counties, and the 
BLM recognize that many of these citizens have substantial rights to 
the lands in question; however, there is no readily available procedure 
by which the BLM can adjudicate their claims. This puts the BLM at odds 
with the local residents and the county governments. It also impedes 
efforts to improve basic community services such as fire protection, 
and water supply and treatment facilities.
  In the simplest terms, our legislation will convey any unencumbered 
property rights in the contested townsites to the counties and in turn 
the counties will use the procedures outlined in the 2001 state mining 
townsite law to consider residents' property claims and pass these 
lands to the rightful owners.

[[Page S4214]]

In order to accomplish the transfer of the townsites, this bill 
establishes a process for the BLM to determine the validity of any 
existing mining claims in Ione and Gold Point and to convey to the 
counties all surface ownership rights and any subsurface rights not 
subject to valid mining claims. Valid mining claims will not be 
conveyed to the counties, but they will be subject to various 
restrictions designed to protect the home owners in Ione and Gold 
Point.
   I would like to thank Nye and Esmeralda counties, the Nevada State 
Legislature, the Bureau of Land Management, and the residents of Ione 
and Gold Point for their cooperation and hard work in resolving this 
complex problem. We are pleased to bring this legislation to the 
committee and we look forward to working with Chairman Bingaman, 
Ranking Member Murkowski and the other distinguished members to move 
this bill through the legislative process.
  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. 3408

       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 Mining Townsite 
     Conveyance Act''.

     SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, 
                   ESMERALDA AND NYE COUNTIES, NEVADA.

       (a) Findings.--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) Definitions.--In this Act:
       (1) Conveyance maps.--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) Mining townsite.--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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Land 
     Management.
       (c) Mining Claim Validity Review.--
       (1) In general.--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 validity.--With 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) Declaration by secretary.--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) In general.--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) Effect on holders.--A holder of a mining claim 
     described in subparagraph (A) shall not be entitled to a 
     patent.
       (5) Abandonment of claim.--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) Conveyance Authority.--
       (1) In general.--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) Valid mining claims.--
       (A) In general.--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 requirements.--Each 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 maps.--The conveyance maps 
     shall be on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (e) Recipients.--
       (1) Original recipient.--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 general.--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) Authority of county.--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) Valid Existing Rights.--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) Withdrawals.--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) Survey.--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 Claims.--If 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) Release.--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 Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this Act.
                                 ______