[Congressional Record (Bound Edition), Volume 158 (2012), Part 5]
[House]
[Pages 6766-6768]
[From the U.S. 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.

[[Page 6767]]

  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 
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. 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.

[[Page 6768]]


  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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