[House Report 113-297]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-297
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TO DIRECT THE SECRETARY OF THE INTERIOR, ACTING THROUGH THE BUREAU OF
LAND MANAGEMENT AND THE BUREAU OF RECLAMATION, TO CONVEY, BY QUITCLAIM
DEED, TO THE CITY OF FERNLEY, NEVADA, ALL RIGHT, TITLE, AND INTEREST OF
THE UNITED STATES, TO ANY FEDERAL LAND WITHIN THAT CITY THAT IS UNDER
THE JURISDICTION OF EITHER OF THOSE AGENCIES
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December 16, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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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. 1170]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1170) to direct the Secretary of the Interior,
acting through the Bureau of Land Management and the Bureau of
Reclamation, to convey, by quitclaim deed, to the City of
Fernley, Nevada, all right, title, and interest of the United
States, to any Federal land within that city that is under the
jurisdiction of either of those agencies, 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. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Fernley,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 9,407 acres of land located in the City of
Fernley, Nevada, that is identified by the Secretary and the
City for conveyance under this Act.
(3) Map.--The term ``map'' means the map entitled ``Proposed
Fernley, Nevada, Land Sales'' and dated January 25, 2013.
SEC. 2. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY, NEVADA.
(a) Conveyance Authorized.--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
depicted on the map, the Secretary, acting through the Bureau of Land
Management and the Bureau of Reclamation, 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 in and to such Federal land.
(b) 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.
(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) Reservation of Easements and Rights-of-Way.--The City and the
Bureau of Reclamation may retain easements or rights-of-way on the
Federal land to be conveyed, including easements or rights-of-way the
Bureau of Reclamation determines are necessary to carry out--
(1) the operation and maintenance of the Truckee Canal; or
(2) the Newlands Project.
(e) Costs.--The City shall, at closing for the conveyance authorized
under subsection (a), 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 a
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)).
SEC. 3. RELEASE OF UNITED STATES.
Upon making the conveyance under section 2, 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.
SEC. 4. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be conveyed
under section 2 of this Act 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. 1170 is to direct the Secretary of the
Interior, acting through the Bureau of Land Management and the
Bureau of Reclamation, to convey, by quitclaim deed, to the
City of Fernley, Nevada, all right, title, and interest of the
United States, to any Federal land within that city that is
under the jurisdiction of either of those agencies.
BACKGROUND AND NEED FOR LEGISLATION
Since its incorporation in 2001, the City of Fernley,
Nevada, has been working with private businesses and state and
federal agencies on a long-term, sustainable economic
development plan. This plan requires the conveyance of Bureau
of Land Management (BLM) and Bureau of Reclamation (BOR) lands
within the City for commercial and industrial development,
agriculture activities, recreation opportunities, and community
and cultural events.
H.R. 1170 will provide the City of Fernley with the
opportunity to purchase up to 9,407 acres of BLM (8,603 acres)
and BOR (804 acres) lands at fair market value for future
economic development, public use, and as open space. The City
of Fernley would also benefit from the transportation, power
and water infrastructure that will be put in place with the
concurrent development of commercial and industrial operations.
COMMITTEE ACTION
H.R. 1170 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 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 voice vote. No further amendments were offered, and
the bill, as amended, was then adopted and ordered favorably
reported to the House of Representatives by voice vote.
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. 1170--A bill to direct the Secretary of the Interior, acting
through the Bureau of Land Management and the Bureau of
Reclamation, to convey, by quitclaim deed, to the city of
Fernley, Nevada, all right, title, and interest of the United
States, to any federal land within that city that is under the
jurisdiction of either of those agencies
H.R. 1170 would direct the Secretary of the Interior to
sell up to 9,400 acres of federal land to the city of Fernley,
Nevada. Based on information provided by the city, CBO
estimates that enacting the bill would increase offsetting
receipts, which are treated as reductions in direct spending,
by $5 million over the 2014-2023 period. Because enacting the
bill would affect direct spending, pay-as-you-go procedures
apply. Enacting the bill would not affect revenues.
Under the bill, if the city offered to purchase any of the
affected lands, the Secretary would be required to sell the
lands for fair market value. CBO expects that the city would
only offer to purchase the lands if a private developer
provided the amounts necessary to complete those purchases.
Based on information provided by the city, CBO expects that up
to 25 percent of the affected lands would be purchased over the
2014-2023 period, and we estimate that the average value of
those lands would be about $3,500 per acre, based on the value
of similar lands in the area. Because the timing of land
purchases by the city of Fernley are uncertain, CBO assumes
that the expected total receipt of $5 million would be spread
evenly over the 2014-2023 period.
H.R. 1170 would require the city of Fernley to pay for any
administrative costs associated with the sales of the affected
land; therefore, CBO estimates that implementing the bill would
not affect discretionary spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
direct spending or revenues. The net budgetary changes that are
subject to pay-as-you-go procedures are shown in the following
table. (The estimated effects for each year are receipts of
less than $500,000.)
CBO ESTIMATE OF THE PAY-AS-YOU-GO EFFECTS FOR H.R. 1170, A BILL TO DIRECT THE SECRETARY OF THE INTERIOR, ACTING THROUGH THE BUREAU OF LAND MANAGEMENT
AND THE BUREAU OF RECLAMATION, TO CONVEY, BY QUITCLAIM DEED, TO THE CITY OF FERNLEY, NEVADA, ALL RIGHT, TITLE, AND INTEREST OF THE UNITED STATES, TO ANY
FEDERAL LAND WITHIN THAT CITY THAT IS UNDER THE JURISDICTION OF EITHER OF THOSE AGENCIES, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL
RESOURCES ON JULY 31, 2013
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By fiscal year, in millions of dollars--
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2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.............................. 0 0 0 0 0 0 0 0 0 0 -2 -5
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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 provided by the city, CBO estimates that enacting
the bill would increase offsetting receipts, which are treated
as reductions in direct spending, by $5 million over the 2014-
2023 period.
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 and the
Bureau of Reclamation, to convey, by quitclaim deed, to the
City of Fernley, Nevada, all right, title, and interest of the
United States, to any Federal land within that city that is
under the jurisdiction of either of those agencies.
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.
DISSENTING VIEWS
H.R. 1170 requires the Secretary of the Interior to convey
over 9,000 acres of Bureau of Land Management and Bureau of
Reclamation lands to the City of Fernley, Nevada. In return,
the City of Fernley would pay fair market value for those
lands. The legislation provides that both the Bureau of
Reclamation and the City can retain easements or rights-of-way
to access the Truckee Irrigation Canal and the Newlands
Project.
In theory, the conveyance could be supported, but H.R. 1170
waives a number of environmental laws, including the National
Environmental Policy Act, the Endangered Species Act, the
Comprehensive Environmental Response, Compensation, and
Liability Act, the National Historic Preservation Act, and the
Native American Graves Protection and Repatriation Act.
Waiving these bedrock laws sidesteps the established review
process and eliminates nearly all potential for public review
and involvement. The Federal Land Policy and Management Act
(FLPMA) determined that ``the public lands be retained in
Federal ownership, unless as a result of the land use planning
procedure provided for in this Act, it is determined that
disposal of a particular parcel will serve the national
interest.''
Since passage of FLPMA, BLM has a strong track record of
disposing of Federal land where it is deemed appropriate.
Decisions to dispose of Federal land require careful
consideration and ignoring Congressional mandates to manage
resources for all Americans is counterproductive.
Peter A. DeFazio.
Raul M. Grijalva.