Congressional Record, Volume 158 Issue 69 (Tuesday, May 15, 2012)

[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Pages H2680-H2681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMENDMENT TO THE MESQUITE LANDS ACT OF 1986

Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2745) to amend the Mesquite Lands Act of 1986 to
facilitate implementation of a multispecies habitat conservation plan
for the Virgin River in Clark County, Nevada, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2745

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. AMENDMENT TO THE MESQUITE LANDS ACT OF 1986.

Section 3 of Public Law 99 548 (commonly known as the
``Mesquite Lands Act of 1986'') is amended--
(1) in subsection (d)(3)(B), by inserting ``and
implementation'' after ``development'';
(2) in subsection (e)--
(A) in paragraph (1)(A), by striking ``For a period of 12
years after the date of the enactment of this Act,'' and
inserting ``Until November 29, 2020,'';
(B) in paragraph (3), by striking ``Not later than 10 years
after the date of the enactment of this subsection,'' and
inserting ``Not later than November 29, 2019,'';
(C) in paragraph (5), by striking ``the date that is 12
years after the date of the enactment of this subsection,''
and inserting ``the date specified in paragraph (1)(A),'';
and
(D) in paragraph (6), by striking ``of each parcel'' and
all that follows through the period and inserting ``of each
parcel under this subsection shall be deposited into the
General Treasury.''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``Not later than 1 year
after the date of the enactment of this subsection, the'' and
inserting ``The'';
(B) in paragraph (2), by inserting after subparagraph (C)
the following:
``(D) The approximately 218 acres of land depicted as
`Hiatus' on the map titled `Mesquite Airport Conveyance' and
dated January 13, 2012.'';
(C) in paragraph (3), by striking ``until the date that is
12 years after the date of the enactment of this
subsection,'' and inserting ``until November 29, 2020,'';
(D) by amending paragraph (4) to read as follows:
``(4) Reverter.--If the land conveyed pursuant to paragraph
(1) is not used by the city as an airport or for another
public purpose, it shall revert to the United States, at the
option of the Secretary, except that the city shall have an
exclusive right to purchase such land.''; and
(E) by redesignating paragraph (5) as paragraph (7) and by
inserting after paragraph (4) the following:
``(5) Right to purchase land.--Until November 29, 2020, the
City of Mesquite, Nevada, subject to all appropriate
environmental reviews, including compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et. seq.)
and the Endangered Species Act of 1973 (16 U.S.C. 1531 et.
seq.), shall have the exclusive right to purchase the parcels
of public land described in paragraph (2) that the Secretary
did not convey to the city pursuant to paragraph (1).
``(6) Proceeds of sale.--The proceeds of the sale of each
parcel under this subsection shall be deposited into the
General Treasury.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from New Mexico (Mr. Heinrich) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah.

General Leave

Mr. BISHOP of Utah. I ask unanimous consent that all Members may have
5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. With that, Mr. Speaker, since this is a
significant bill that makes a change that has been long overdue, I
yield such time as he may consume to the sponsor of this bill, the
gentleman from Nevada (Mr. Heck).
Mr. HECK. I rise in support of H.R. 2745, legislation amending the
Mesquite Lands Act of 1986. The original Mesquite Lands Act provided
the city of Mesquite, Nevada, the exclusive right to purchase, at fair
market value, certain Federal land under the control of the Bureau of
Land Management. As the city is landlocked by public lands and was the
fastest growing city in the country for much of the 1990s, this
legislation was amended in 1996 to allow the city to purchase
additional Federal lands to ensure the city of Mesquite could continue
to grow and prosper. In 1999, Congress passed the latest Mesquite Lands
Act amendment with the specific purpose of providing land to construct
a commercial airport and to provide more room for commercial and

[[Page H2681]]

industrial development to, again, meet future demands for a rapidly
growing tourism industry.
In 2002, the U.S. Fish and Wildlife Service issued a Mesquite Lands
Act Biological Opinion, which promulgated certain terms and conditions
associated with the land sale. A key term contained in the opinion is a
mandate that the city participate in the development and implementation
of a Habitat Conservation and Recovery Plan and a Hydrologic Monitoring
and Mitigation Plan along the Virgin River.
In response to this opinion, Congress made a technical amendment to
the act within the Clark County Conservation of Public Land and Natural
Resources Act of 2002 that set aside a portion of the proceeds from the
sale of each parcel for the ``development'' of the Recovery Plan and
the Hydrologic Monitoring and Mitigation Plan. It is apparent that
during the process language allowing for the ``implementation'' of
these plans was inadvertently omitted from this amendment. Other land
acts, such as the Lincoln and White Pine County Lands Act, clearly
state that funds shall be expended on development and implementation of
multispecies habitat conservation plans. I believe the same process
should be applied to the Mesquite Lands Act.
H.R. 2745 is a legislative clarification regarding the special funds
allowing for both the development and implementation of the Habitat
Conservation and Recovery Plan and the Hydrologic Monitoring and
Mitigation Plan. This is consistent with other plans in Nevada, and the
same process should be applied to the city of Mesquite.
In addition to the clarification for the Habitat Conservation and
Recovery Plan, there's an issue regarding the timing of the land sales
identified in the 1999 amendment that is also addressed in H.R. 2745.
The legislation originally gave the city of Mesquite 12 years to
purchase the land from the date of enactment. However, due to severe
economic conditions that continue to plague southern Nevada, along with
a delay of the environmental impact statement for the airport site, the
city is not in a position to purchase the final sections of property at
this time, and therefore was not able to make this deadline. H.R. 2745
provides for an extension of an additional 8 years to allow economic
conditions to improve.
In closing, I would again like to thank Chairman Bishop and Ranking
Member Grijalva, as well as the Natural Resources Committee Staff, for
working with me on moving this legislation forward. H.R. 2745 will
allow the city of Mesquite to continue to control the path of its
future expansion and economic development, as well as correct an
oversight in prior legislation.

{time} 1720

Mr. HEINRICH. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HEINRICH asked and was given permission to revise and extend his
remarks.)
Mr. Speaker, this legislation allows the city of Mesquite, Nevada, to
continue acquiring certain lands from the Federal Government for its
commercial airport.
Under the original 1986 legislation, some receipts from the sale of
Federal lands would be retained to fund habitat improvements along the
Virgin River within Clark County. As amended, H.R. 2745 directs the
proceeds from the land sales to the Treasury, thus leaving the habitat
work unfunded.
While the conservation work is important and deserves funding, we do
not object to this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself the balance of my
time.
Authored by Congressman Heck, H.R. 2745 was amended by the Natural
Resources Committee and is further amended today to ensure that there
is no cost to the taxpayer. This will treat all proceeds from land
sales uniformly and, again, at no cost to the taxpayer.
So I urge adoption of this measure, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 2745, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HEINRICH. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.

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