[House Report 113-220]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-220

======================================================================

 
 TO DIRECT THE SECRETARY OF THE INTERIOR, ACTING THROUGH THE BUREAU OF 
 LAND MANAGEMENT, TO CONVEY TO THE CITY OF CARLIN, NEVADA, IN EXCHANGE 
FOR CONSIDERATION, ALL RIGHT, TITLE, AND INTEREST OF THE UNITED STATES, 
TO ANY FEDERAL LAND WITHIN THAT CITY THAT IS UNDER THE JURISDICTION OF 
                  THAT AGENCY, AND FOR OTHER PURPOSES

                                _______
                                

 September 20, 2013.--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

                        [To accompany H.R. 1168]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1168) to direct the Secretary of the Interior, 
acting through the Bureau of Land Management, to convey to the 
City of Carlin, Nevada, in exchange for consideration, all 
right, title, and interest of the United States, to any Federal 
land within that city that is under the jurisdiction of that 
agency, and for other purposes, 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. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF CARLIN, 
                    NEVADA.

  (a) Definitions.--
          (1) City.--The term ``City'' means the City of Carlin, 
        Nevada.
          (2) Federal land.--The term ``Federal land'' means the 
        approximately 1,400 acres of land located in the City of 
        Carlin, Nevada, that is identified on the map as ``Carlin 
        Selected Parcels''.
          (3) Map.--The term ``map'' means the map entitled ``Proposed 
        Carlin, Nevada Land Sales'' map dated June 6, 2013.
  (b) Conveyance Required.--Subject to valid existing rights and not 
later than 180 days after the date on which the Secretary of the 
Interior receives an offer from the City to purchase the Federal land, 
the Secretary, acting through the Bureau of Land Management, shall 
convey, 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), to the City, 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, to such Federal land.
  (c) Appraisal To Determine 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.
  (d) Availability of Map.--The map shall be on file and available for 
public inspection in the appropriate offices of the Bureau of Land 
Management.
  (e) Costs.--The City shall, at closing for the conveyance authorized 
under subsection (b), pay or reimburse the Secretary, as appropriate, 
for the reasonable transaction and administrative personnel costs 
associated with the conveyance authorized under such subsection, 
including the costs of appraisal, title searches, maps, and boundary 
and cadastral surveys.
  (f) Conveyance Not a Major Federal Action.--A conveyance or 
combination of conveyances made under this section shall not be 
considered a major Federal action for purposes of section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
  (g) Release of United States.--Upon making the conveyance under 
subsection (b), 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.
  (h) Withdrawal.--Subject to valid existing rights, the Federal land 
identified for conveyance shall be withdrawn from all forms of--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under the mineral leasing, mineral materials 
        and geothermal leasing laws.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1168 is to direct the Secretary of the 
Interior, acting through the Bureau of Land Management, to 
convey to the City of Carlin, Nevada, in exchange for 
consideration, all right, title, and interest of the United 
States, to any Federal land within that city that is under the 
jurisdiction of that agency.

                  BACKGROUND AND NEED FOR LEGISLATION

    With the thriving mining and transportation industries, in 
addition to the numerous support businesses, the City of 
Carlin, Nevada is in the midst of an economic recovery. The 
significant growth and expanding businesses in the area is 
creating a demand for more space for commercial, residential 
and other economic development purposes.
    The Bureau of Land Management (BLM) controls significant 
tracts of land in and around Carlin. Without access to these 
lands for housing and business expansion, the ongoing economic 
development and long-term prosperity of the community could be 
curtailed. H.R. 1168 will allow the City of Carlin, Nevada, to 
purchase up to 1,409 acres of BLM land surrounding the city at 
fair market value. This will provide the City of Carlin with 
the essential space for expansion and allow for its continued 
economic growth.

                            COMMITTEE ACTION

    H.R. 1168 was introduced on March 14, 2013, by Congressman 
Mark Amodei (R-NV). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On July 19, 2013, 
the Subcommittee held a hearing on the bill. On July 31, 2013, 
the full Natural Resources Committee met to consider the bill. 
The Subcommittee on Public Lands and Environmental Regulation 
was discharged by unanimous consent. Congressman Rob Bishop 
offered an amendment designated #1 to the bill; the amendment 
was adopted by unanimous consent. No further amendments were 
offered, and the bill, as amended, was then adopted and ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            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. 1168--A bill to direct the Secretary of the Interior, acting 
        through the Bureau of Land Management, to convey to the City of 
        Carlin, Nevada, in exchange for consideration, all right, 
        title, and interest of the United States, to any federal land 
        within that city that is under the jurisdiction of that agency, 
        and for other purposes

    H.R. 1168 would require to the Secretary of the Interior to 
sell about 1,400 acres of federal land in Nevada to the city of 
Carlin at fair market value. Based on information from 
individuals familiar with real estate values in northern 
Nevada, CBO estimates that the value of the affected lands 
would range from $360 to $1,000 an acre and would total roughly 
$1 million; thus, we estimate that enacting H.R. 1168 would 
increase offsetting receipts, which are treated as reductions 
in direct spending, by that amount. CBO expects that the city 
would purchase the land over a five-year period; therefore, we 
estimate that receipts would not exceed $500,000 in any year 
over the 2014-2018 period. Because H.R. 1168 would affect 
direct spending, pay-as-you-go procedures apply. The bill would 
not affect revenues.
    H.R. 1168 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    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 from individuals familiar with real estate values 
in northern Nevada, CBO estimates that the value of the 
affected lands would range from $360 to $1,000 an acre and 
would total roughly $1 million; thus, it is estimated that 
enacting H.R. 1168 would increase offsetting receipts, which 
are treated as reductions in direct spending, by that amount. 
CBO expects that the city would purchase the land over a five-
year period; therefore, it is estimated that receipts would not 
exceed $500,000 in any year over the 2014-2018 period. Because 
H.R. 1168 would affect direct spending, pay-as-you-go 
procedures apply.
    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 is to direct the Secretary of the 
Interior, acting through the Bureau of Land Management, to 
convey to the City of Carlin, Nevada, in exchange for 
consideration, all right, title, and interest of the United 
States, to any Federal land within that city that is under the 
jurisdiction of that agency.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.