[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the historical documents by which these citizens claim possession do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.
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