[House Report 112-525]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-525
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YERINGTON LAND CONVEYANCE AND SUSTAINABLE DEVELOPMENT ACT
_______
June 15, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4039]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4039) to convey certain Federal land to the city
of Yerington, Nevada, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yerington Land Conveyance and
Sustainable Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the city of Yerington, Nevada, which has an unemployment
rate of 16 percent, has the highest unemployment rate in the
State of Nevada;
(2) for over 4 years, the city of Yerington and Lyon County,
Nevada, have been working with private business partners to
develop a sustainable development plan that would enable all
parties to benefit from the use of private land adjacent to the
city of Yerington for potential commercial and industrial
development, mining activities, recreation opportunities, and
the expansion of community and cultural events;
(3) the sustainable development plan referred to in paragraph
(2) requires the conveyance of certain Federal land
administered by the Bureau of Land Management to the City for
consideration in an amount equal to the fair market value of
the Federal land;
(4) the Federal land to be conveyed to the City under the
sustainable development plan has very few environmental,
historical, wildlife, or cultural resources of value to the
public, but is appropriate for responsible development;
(5) the Federal land that would be conveyed to the City under
the sustainable development plan--
(A) is adjacent to the boundaries of the City; and
(B) would be used--
(i) to enhance recreational, cultural,
commercial, and industrial development
opportunities in the City;
(ii) for future economic development,
regional use, and as an open space buffer to
the City; and
(iii) to allow the City to provide critical
infrastructure services;
(6) commercial and industrial development of the Federal land
would enable the community to benefit from the transportation,
power, and water infrastructure that would be put in place with
the concurrent development of commercial and industrial
operations;
(7) the conveyance of the Federal land would--
(A) help the City and County to grow; and
(B) provide additional tax revenue to the City and
County;
(8) industrial and commercial development of the Federal land
would create thousands of long-term, high-paying jobs for the
City and County; and
(9) the Lyon County Commission and the City unanimously
approved resolutions in support of the conveyance of the
Federal land because the conveyance would facilitate a
sustainable model for long-term economic and industrial
development.
SEC. 3. DEFINITIONS.
In this title:
(1) City.--The term ``City'' means the city of Yerington,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in Lyon County and Mineral County, Nevada, that is
identified on the map as ``City of Yerington Sustainable
Development Conveyance Lands''.
(3) Map.--The term ``map'' means the map entitled ``Yerington
Land Conveyance and Sustainable Development Act'' and dated May
31, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. CONVEYANCES OF LAND TO CITY OF YERINGTON, NEVADA.
(a) In General.--Not later than 90 days after the date of enactment
of this title, subject to valid existing rights, and notwithstanding
the land use planning requirements of 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 City, subject to the City's agreement
and in exchange for consideration in an amount equal to the fair market
value of the Federal land, all right, title, and interest of the United
States in and to the Federal land identified on the map.
(b) Appraisal To Determine of Fair Market Value.--The Secretary shall
determine the fair market value of the Federal land to be conveyed--
(1) in accordance with the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(2) based on an appraisal that is conducted in accordance
with nationally recognized appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(c) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Applicable Law.--Beginning on the date on which the Federal land
is conveyed to the City, the development of and conduct of activities
on the Federal land shall be subject to all applicable Federal laws
(including regulations).
(e) Administrative Costs.--The City shall be responsible for all
survey, appraisal, and other administrative costs associated with the
conveyance of the Federal land to the City under this title.
SEC. 5. RELEASE OF THE UNITED STATES.
Upon making the conveyance under section 4, notwithstanding any other
provision of law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the presence,
release, or threat of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum product of
any kind), solid waste, mine materials or mining related features
(including tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related features)
on the Federal Land in existence on or before the date of the
conveyance.
PURPOSE OF THE BILL
The purpose of H.R. 4039, as ordered reported, is to convey
certain Federal land to the city of Yerington, Nevada.
BACKGROUND AND NEED FOR LEGISLATION
The City of Yerington, located in Lyon County, Nevada,
currently suffers from 16 percent unemployment, which is the
highest unemployment rate in the State of Nevada. The
conveyance of the federal land authorized by this bill will
help the City and Lyon County to grow and provide additional
tax revenue. In addition, the industrial and commercial
development of the federal land would create thousands of long-
term, high-paying jobs.
For over 4 years, Yerington and Lyon County have been
working with private business partners to develop a sustainable
development plan that would enable all parties to benefit from
the use of private land adjacent to Yerington for potential
commercial and industrial development, mining activities,
recreation opportunities, and the expansion of community and
cultural events. The plan requires the conveyance of certain
federal land administered by the Bureau of Land Management
(BLM) to the City for fair market value. The federal land to be
conveyed to the City has very few environmental, historical,
wildlife, or cultural resources of value, but is appropriate
for responsible development. The federal land is adjacent to
the City and would be used to enhance recreational, cultural,
commercial, and industrial development opportunities. It would
also provide critical infrastructure services and benefit
future economic development, regional use, and as an open space
buffer. The commercial and industrial development of the
federal land will enable the community to benefit from the
transportation, power, and water infrastructure that would be
put in place with the concurrent development of commercial and
industrial operations.
The Lyon County Commission and the City of Yerington
unanimously approved resolutions in support of H.R. 4039, as it
will facilitate a sustainable model for long-term economic and
industrial development.
During Full Committee consideration of H.R. 4039, the
Committee adopted an amendment offered by Congressman Rob
Bishop (R-UT) to update a reference to a new BLM map. It also
addressed concerns raised by the Administration, who wanted to
ensure that Yerington supported the conveyance and to release
the United States is of all liabilities and claims pertaining
to the land following the conveyance.
COMMITTEE ACTION
H.R. 4039 was introduced on February 15, 2012, by
Congressman Mark Amodei (R-NV). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
April 17, 2012, the Subcommittee held a hearing on the bill. On
June 7, 2012, the Full Natural Resources Committee met to
consider the bill. The Subcommittee on National Parks, Forests
and Public Lands was discharged by unanimous consent.
Congressman Rob Bishop (R-UT) offered amendment designated
.059; the amendment was adopted by voice vote. Congressman Raul
Grijalva (D-AZ) offered amendment designated .062 to the bill;
the amendment was not adopted by voice vote. The bill, as
amended, was then adopted and ordered favorably reported to the
House of Representatives by a bipartisan roll call vote of 24-
15, as follows:
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 4039--Yerington Land Conveyance and Sustainable Development Act
H.R. 4039 would require the Secretary of the Interior to
sell about 11,500 acres of federal land at fair market value to
the city of Yerington, Nevada. Based on information about the
value of similar lands in western Nevada, CBO estimates that
enacting the legislation would increase offsetting receipts (a
credit against direct spending) by $2 million in 2013;
therefore, pay-as-you-go procedures apply. Because the bill
would require the city to cover any administrative costs
associated with the conveyance, CBO estimates that the bill
would not affect discretionary spending. Enacting the bill
would not affect revenues.
H.R. 4039 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
land conveyance would benefit the city of Yerington; any costs
to the city would be incurred involuntarily.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information about the value of similar lands in western Nevada,
CBO estimates that enacting the legislation would increase
offsetting receipts (a credit against direct spending) by $2
million in 2013; therefore, pay-as-you-go procedures apply.
Because the bill would require the city to cover any
administrative costs associated with the conveyance, CBO
estimates that the bill would not affect discretionary
spending.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to convey
certain Federal land to the city of Yerington, Nevada.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
We oppose H.R. 4039 because it overrides existing
authorities to move lands out of federal ownership. Current law
establishes processes for land conveyances that ensure the
complete range of taxpayer interests are considered and
protected; Congress should make certain these requirements are
applied uniformly, not approve rifle-shot exemptions for
specific deals.
H.R. 4039 would direct the Secretary of the Interior to
convey approximately 11,000 acres of federal lands to the city
of Yerington, Nevada, in exchange for fair market value.
However, the bill would mandate the conveyance and require it
to be completed within an arbitrary time-limit of 90 days after
enactment.
During the hearing on April 17, 2012, the Department of the
Interior (DOI) testified that the 90-day time period, ``does
not allow time to perform complete reviews under the National
Environmental Policy Act and the National Historic Preservation
Act.'' Furthermore, the 90-day time period for the conveyance
does not even allow time to properly appraise the fair market
value of the land to be transferred. DOI has testified that a
mineral report would need to be completed prior to appraisal of
the surface and mineral estates.
The Majority rejected an amendment from National Parks,
Forests and Public Lands Ranking Member Grijalva that would
respect the current conveyance process by offering two small
changes to the bill. The Grijalva amendment would have
authorized the conveyance, but not mandated it, and would have
struck the 90-day time limit. This common-sense amendment would
have allowed the land transfer to occur safely with time to
consider environmental and cultural concerns.
H.R. 4039 needlessly circumvents an effective, established
process for protecting the interests of American taxpayers and
for this reason we cannot support the bill.
Edward J. Markey.
Raul M. Grijalva.